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	<title type="text">Latest - Reason.com</title>
	<subtitle type="text">The leading libertarian magazine and covering news, politics, culture, and more with reporting and analysis.</subtitle>
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	<updated>
		2026-08-23T13:38:38Z	</updated>

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	<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				AI Freezes The Scholarly Voice			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/23/ai-freezes-the-scholarly-voice/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398633</id>
		<updated>2026-08-23T17:38:38Z</updated>
		<published>2026-08-23T17:38:38Z</published>
					<summary type="html"><![CDATA[AI trains on your voice at a particular point of time, and stunts future development.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/23/ai-freezes-the-scholarly-voice/">
			<![CDATA[<p>I recently attended a workshop about how law professor are using AI. One professor said that he has trained AI on his writing style by reviewing all of his past publications. Thus, any text generated by the AI will be in the same sort of style that the professor has--or perhaps had.</p>
<p>Law professors will often research in certain areas of the law, but across all categories, they write with a particular approach called a scholarly voice. Many junior professors struggle with developing their own voice. Indeed, I would wager that for most scholars, their voice changes over the years. For sure, my voice has changed substantially since I started teaching in 2012. And that's a good thing.</p>
<p>What does AI do to this process? Perhaps established professors have a corpus of writings to train AI, but newbies do not. How are developing writers supposed to build their own voice if AI has nothing to train on? I suppose the obvious reply is that junior scholars should not use AI. But I would wager that the youngest writers are likely the most tech savvy, and may have even started using this tech in the earliest years of their practice. Soon enough, all people on the hiring market will have come of age with AI in law school. And they will <em>never</em> have a chance to develop their own voice without a helpful agent to assist. Their entire body of work will be a byproduct of AI.</p>
<p>This fact will necessarily affect how law schools hire and grant tenure. Perhaps professors should be asked to describe exactly how they use AI in their scholarship. But I am not confident this inquiry will prove much. Ultimately, we should just presume that nearly everything written was aided by AI, unless a professor affirmatively states it was written old school. And with that presumption in place, I struggle to measure how much the professor actually brings to the scholarly inquiry. We will just end up rewarding whoever can coach their agents the best. Scholarly creativity will give way to law coding.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/23/ai-freezes-the-scholarly-voice/">AI Freezes The Scholarly Voice</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Ben & Jerry's Lawsuit Over "Social-Mission"-Related Contract Related to Its Earlier Sale			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/23/ben-jerrys-lawsuit-over-social-mission-related-contract-related-to-its-earlier-sale/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398638</id>
		<updated>2026-08-23T15:32:26Z</updated>
		<published>2026-08-23T15:32:26Z</published>
			<category scheme="https://reason.com/latest/" term="contract law" /><category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[A summary from Reuters (Jonathan Stempel) Friday: A federal judge on Friday dismissed major ​portions of a Ben &#38; Jerry's lawsuit&#8230;
The post Ben &#038; Jerry&#039;s Lawsuit Over &#34;Social-Mission&#34;-Related Contract Related to Its Earlier Sale appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/23/ben-jerrys-lawsuit-over-social-mission-related-contract-related-to-its-earlier-sale/">
			<![CDATA[<p>A summary from <a href="https://www.reuters.com/legal/government/judge-narrows-ben-jerrys-lawsuit-accusing-unilever-silencing-social-activism-2026-08-22/">Reuters (Jonathan Stempel)</a> Friday:</p>
<blockquote><p>A federal judge on Friday dismissed major ​portions of a Ben &amp; Jerry's lawsuit accusing its former parent Unilever of trying to silence the ice cream ‌maker's social activism, dismantle its board and stop funding its namesake foundation&hellip;. Ben &amp; Jerry's accused Unilever of violating the 2000 merger agreement by censoring ‌its speech, ⁠which has included protests against the war in Gaza, and ousting a chief executive who supported the company's social activism. The alleged censorship also included an effort to suppress planned criticism of U.S. President Donald Trump as he began his second White House term&hellip;.</p>
<p>Unilever denied censoring Ben &amp; Jerry's and said the former chief executive voluntarily resigned.</p>
<p>Castel said the merger agreement's "plain meaning" did not afford Ben &amp; Jerry's Class I directors and the Ben &amp; Jerry's Foundation ​a right to sue on behalf of the company, including on the appointment and removal of ​directors.</p></blockquote>
<p>There's also an accusation that Unilever "violat[ed] a 2022 settlement over the sale of Ben &amp; Jerry's trademark rights in Israel, by failing to ​pay $2.5 million to Ben &amp; Jerry's and $2 ​million to support Palestinian ⁠almond farmers"; the parties "agreed that claims over the missed payments could proceed for now."</p>
<p>Here's the opening of Friday's long decision by Judge Kevin Castel (S.D.N.Y.) in <a href="https://storage.courtlistener.com/recap/gov.uscourts.nysd.631633/gov.uscourts.nysd.631633.159.0.pdf"><em>Ben &amp; Jerry's Homemade, Inc. v. Unilever PLC</em></a>.</p>
<blockquote><p>Ben &amp; Jerry's Homemade, Inc. ("Ben &amp; Jerry's") was founded in 1978. In addition to its ice cream, it is well known for being "outspoken on—and often on the vanguard of—a variety of societal issues, including those involving human rights and social justice." The company has taken positions on issues ranging from Cold War spending (it launched the "Peace Pop" in 1988) to LGBTQ+ rights (it has offered benefits to employees' same sex partners since 1991). This action arises from the continued desire of the Ben &amp; Jerry's Independent Board (the "Board") to identify the brand with its "social mission" amid pushback from the company's corporate parents, but the issues presented on this motion to dismiss largely turn on contract interpretation&hellip;.</p></blockquote>
<p>And here's the court's summary of the allegations in the Complaint:</p>
<p><span id="more-8398638"></span></p>
<blockquote><p>After more than twenty years of operation in which Ben &amp; Jerry's achieved commercial success, several suitors expressed interest in acquiring the company. One set itself apart from other bidders by agreeing to a unique governance structure that would "preserve[ ] Ben &amp; Jerry's authenticity and autonomy[.]" That suitor, Unilever, prevailed, and the deal was memorialized in 2000 in the "Merger Agreement." The Merger Agreement provided that Ben &amp; Jerry's would have an Independent Board with "primary responsibility" over "the objectives of the historical social mission" and "the integrity of the essential elements of the Ben &amp; Jerry's brand-name[.]"</p>
<p>Per section 6.14(a) of the Merger Agreement, seven of the eleven seats on the Board must be filled by independent directors. The shareholder of Ben &amp; Jerry's is required to cause the appointment of new independent directors nominated by a majority of then-seated independent directors. With respect to removal, Conopco "shall remove any director of any Class at the written request of at least a majority of the directors of such Class then in office" but "shall not otherwise remove any member of the Company Board[.]" Directors serve one-year terms and consult on the appointment and removal of the Ben &amp; Jerry's CEO, among other responsibilities. "Each member of the Company Board &hellip; and all employees of [Ben &amp; Jerry's] shall agree to abide by the Unilever Code of Business Conduct[.]"</p>
<p>Over time, the Board and Unilever began to clash over certain business decisions. For example, when in 2008 the Unilever-appointed CEO of Ben &amp; Jerry's proposed closing the company's factory in Waterbury, Vermont, the Board opposed the closure on the basis that it "would have devastated the local economy." Unilever ultimately agreed to abide by the Board's decision not to close the plant in Waterbury, which is today "one of the company's most efficient[.]"</p>
<p>In 2022, the Board and Unilever were no longer able to resolve their differences outside of court. The Board sued Unilever when it licensed Ben &amp; Jerry's trademark rights "in the Occupied Palestinian Territories &hellip; sans the Independent Board's approval[.]" The litigation ended with a "Settlement Agreement" between Unilever and the Board. The Settlement Agreement provides that Unilever and Conopco will "[c]ontinue to source at least 50% of the non-dairy base mix in North America from Canaan Fair Trade for the next ten years, subject to availability of supply, consumer safety or quality concerns." Canaan Fair Trade, a Palestinian supplier, has provided Ben &amp; Jerry's with ice cream ingredients "for nearly a decade[.]"</p>
<p>The Settlement Agreement also required Unilever to "make two $2,500,000 payments to Ben &amp; Jerry's" that "[u]nder no circumstances" would be made later than July 30, 2023, for the first payment, or July 30, 2024, for the second. The Board's Chair was required to engage in good faith consultation with Unilever on the ultimate recipient of those funds, and Unilever promised that its "consent [would] not be unreasonably withheld."</p>
<p>After the then-Chair of the Board, Anuradha Mittal, in June 2024 designated Jewish Voice for Peace and the San Francisco-Bay Area Chapter of the Council on American-Islamic Relations as potential recipients, Unilever responded with objections that "were riddled with inconsistencies." The Complaint describes Unilever's stated reason for blocking the donations, namely wishing "to remain 'neutral' on the Palestinian-Israeli conflict[,]" as pretextual, citing Unilever's previous donation to an Israeli organization that "acts as an auxiliary service to the Israeli Defense Forces (IDF)."</p>
<p>Subsequently, after "months of negotiations at Unilever's behest," the Settlement Agreement was amended. The "Settlement Amendment" provides that "commencing in 2024, Ben &amp; Jerry's/Unilever will make payments totaling $2 million USD annually to Canaan Fair Trade [ ], directly or through a third party, for the use of Palestinian almonds (or for the direct benefit of Palestinian almond farmers), for at least ten years[.]" It also states that these payments "will be verified by auditors selected by the Independent Board" and that confirmation of the payments "will be sent to the Chair of the Independent Board quarterly." "Unilever failed to disburse Canaan's 2025 funds or engage in the [ ] review process, [ ] insisting upon conditions which do not appear in the Settlement Amendment, even after being provided context and documents from Canaan."</p>
<p>Earlier, Unilever allegedly blocked Ben &amp; Jerry's from speaking out in support of a ceasefire in Gaza, the free-speech rights of protestors, and Black History Month. In December 2023, for instance, Unilever was told that Ben &amp; Jerry's would issue the following statement in response to the conflict in Gaza: "Ben &amp; Jerry's calls for peace and a permanent and immediate ceasefire." Unilever allegedly responded by "threaten[ing] to dismantle the Independent Board and sue the board members individually[.]"</p>
<p>Eventually, the Ben &amp; Jerry's CEO David Stever became embroiled in the conflict between Unilever and the Board. In early 2025, Stever received a performance review that "chastised [him] for 'repeatedly acquiesc[ing]'" to the Board. In March 2025, Unilever told the Board that it planned to remove Stever as CEO. Despite Unilever's promise in the Merger Agreement to consult in good faith with the Board on the removal of the CEO, it "attempted to impose an arbitrary four-day deadline for the Independent Board to convene, appoint a committee, analyze the merits of removal, [and] draft a 'consultation' in writing[.]" Unilever also refused the Board's request for its "minutes, notes, and materials related to the removal decision[.]" During "Mr. Stever's tenure, Ben &amp; Jerry's outperformed Unilever's ice cream portfolio[.]"</p>
<p>The Ben &amp; Jerry's Foundation, a private charitable organization founded with an initial gift from Ben &amp; Jerry's co-founder Ben Cohen, also has drawn the attention of Unilever, and subsequently, Magnum. In 2025, Unilever requested, for the first time, an external audit of the Foundation. The audit was billed as "routine[.]"</p>
<p>The media, however, reported that Unilever's "true target" was "a series of grants to the Oakland Institute [where Chair Mittal serves as executive director], a nonprofit that promotes global aid and is critical of the World Bank and Israel." Instead of reviewing the Foundation's financials or its national grants, the auditors "instead &hellip; focused on [ ] discretionary grants and purported ideological objections." Though Unilever "committed" to sharing the audit's findings, it had not done so at the time the Complaint was filed. Apparent leaks, however, "confirmed to the media" that "the audit did not find wrongdoing, ethical malpractice or violations."</p>
<p>Section 6.14(h) of the Merger Agreement provides that Ben &amp; Jerry's "shall continue the Company's practice of making charitable contributions" and that the Board "shall have the responsibility for allocating" those charitable contributions among recipients. The Board is permitted to disburse funds to the Foundation so long as certain requirements are met, such as that "the Foundation does not significantly change its charitable purpose[.]" From 2000 to 2024, the Board allocated funds to the Foundation on an annual basis without incident, totaling $68 million. The Foundation has not received the contribution that the Board allocated to it in 2025.</p>
<p>In September 2025, Mittal, who served both as Chair of the Independent Board and as trustee of the Foundation, "was informed that Unilever had launched an 'integrity' investigation against her." In a meeting with Unilever's General Counsel the following month, Mittal was allegedly presented with an ultimatum. If she were to resign and the Board dropped the present action before this Court, Unilever would provide her "with a prominent position in a multi-million dollar, Unilever-funded nonprofit." If she were to refuse, "Unilever would be making public allegations against her in its forthcoming prospectus." "Mittal immediately refused Unilever's inappropriate offer."</p>
<p>The allegations against Mittal included that she "had received inappropriate benefits from the Foundation[,]" "breached Unilever's Code of Conduct" by "challenging" Unilever's removal of Stever in this action and disclosing portions of his performance review, and "refused to participate" in the audit of the Foundation. In response, "the independent directors put forward a series of questions highlighting the weaknesses of Unilever's accusations[.]"</p>
<p>On December 6, 2025, Magnum demerged from Unilever and became a publicly traded company, bringing Ben &amp; Jerry's with it&hellip;. In the registration statement Magnum filed with the S.E.C. ahead of the demerger, it alleged that Mittal was "unfit to continue in her role."</p>
<p>Magnum began exerting pressure on the Foundation, claiming authority under the Merger Agreement to control its "governance, policies, and practices[.]" It soon informed the Foundation that "it would 'conclude that the Foundation no longer seeks funding'" unless it were to agree to certain changes by December 16, 2025.</p>
<p>Magnum then moved to oust the independent directors. To effectuate the removal, it amended Ben &amp; Jerry's bylaws and articles of incorporation to impose a nine-term limit on directors' one-year terms and require the independent directors to accede to the Magnum code of conduct. On December 15, 2025, "Magnum purported to remove Chair Mittal 'effective immediately'" and "remove directors Jennifer Henderson and Daryn Dodson 'effective December 31, 2025,' should they not resign" before that date. As to the other independent directors, Magnum had "set up" their removal through the new eligibility requirements.</p>
<p>Magnum also did an about-face on the nomination to the Board of Chris Miller, a Ben &amp; Jerry's veteran and former Global Social Mission Director. When the independent directors told Magnum on December 11, 2025, that they had nominated Miller, Magnum initially congratulated him and described his nomination as "excellent news[.]" A few days later, however, Magnum said Miller had not been "properly appointed" and that the independent directors "were required to inform Magnum of the 'steps taken to ensure his eligibility'" under the amended bylaws&hellip;.</p></blockquote>
<p>Go to the <a href="https://storage.courtlistener.com/recap/gov.uscourts.nysd.631633/gov.uscourts.nysd.631633.159.0.pdf">full opinion</a> for more.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/23/ben-jerrys-lawsuit-over-social-mission-related-contract-related-to-its-earlier-sale/">Ben &#038; Jerry&#039;s Lawsuit Over &quot;Social-Mission&quot;-Related Contract Related to Its Earlier Sale</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Reconciling Hayek and Mill's Divergent Defenses of Liberty			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/23/reconciling-hayek-and-mills-divergent-defenses-of-liberty/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398622</id>
		<updated>2026-08-23T15:39:22Z</updated>
		<published>2026-08-23T14:00:22Z</published>
			<category scheme="https://reason.com/latest/" term="Voting" /><category scheme="https://reason.com/latest/" term="F.A. Hayek" /><category scheme="https://reason.com/latest/" term="John Stuart Mill" /><category scheme="https://reason.com/latest/" term="Libertarianism" /><category scheme="https://reason.com/latest/" term="Political Ignorance" /><category scheme="https://reason.com/latest/" term="Voting With Your Feet" />		<summary type="html"><![CDATA[As Cass Sunstein points out, Hayek and Mill had widely divergent rationales for liberty. But the two can be reconciled.]]></summary>
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			<![CDATA[<figure id="attachment_8398624" aria-describedby="caption-attachment-8398624" style="width: 258px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" class="size-medium wp-image-8398624" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Hayek-258x300.jpg" alt="" width="258" height="300" data-credit="NA" srcset="https://reason.com/wp-content/uploads/2026/08/Hayek-258x300.jpg 258w, https://reason.com/wp-content/uploads/2026/08/Hayek-881x1024.jpg 881w, https://reason.com/wp-content/uploads/2026/08/Hayek-768x892.jpg 768w, https://reason.com/wp-content/uploads/2026/08/Hayek.jpg 1161w" sizes="(max-width: 258px) 100vw, 258px" /><figcaption id="caption-attachment-8398624" class="wp-caption-text">F.A. Hayek&nbsp;(NA)</figcaption></figure> <figure id="attachment_8398625" aria-describedby="caption-attachment-8398625" style="width: 238px" class="wp-caption alignnone"><img decoding="async" class="size-medium wp-image-8398625" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/John-Stuart-Mill-238x300.jpg" alt="" width="238" height="300" data-credit="NA" srcset="https://reason.com/wp-content/uploads/2026/08/John-Stuart-Mill-238x300.jpg 238w, https://reason.com/wp-content/uploads/2026/08/John-Stuart-Mill-812x1024.jpg 812w, https://reason.com/wp-content/uploads/2026/08/John-Stuart-Mill-768x968.jpg 768w, https://reason.com/wp-content/uploads/2026/08/John-Stuart-Mill.jpg 1161w" sizes="(max-width: 238px) 100vw, 238px" /><figcaption id="caption-attachment-8398625" class="wp-caption-text">John Stuart Mill.&nbsp;(NA)</figcaption></figure> <p>&nbsp;</p> <p>Nobel Prize-winning economist F.A. Hayek and the great political philosopher John Stuart Mill both reached generally libertarian conclusions. But, as prominent Harvard law Porf. and political theorist Cass Sunstein points out in <a href="https://casssunstein.substack.com/p/mill-hayek-and-liberalism">an excellent recent post</a>, they did so for quite different reasons:</p> <blockquote><p>Mill was a romantic about choosers (about you and me, and what we know, and what we are capable of), while Hayek was not a romantic about choosers at all (not close). He was a romantic, or something like that, about undesigned orders and traditions, and a skeptic about planners.</p> <p>Mill put a bright spotlight on individuals, their knowledge, their potential, and their agency. Hayek put a bright spotlight on markets and traditions, and on government planners and what they cannot know.</p></blockquote> <p>In sum, Mill emphasized the merits of individual freedom of choice, which he famously argued would enable each person to exercise control over his or her affairs, and result in valuable "experiments in living." By contrast, Hayek emphasized the defects of government planners, and their lack of knowledge.</p> <p>As Sunstein notes, these two ideas are not inherently opposed. They can even be mutually reinforcing, in so far as they provide alternative justifications for the same conclusion. But there is a tension, in so far as Hayek also emphasized the value of "spontaneous order" and the traditions it generates, which he viewed as better guides to decision-making than the unaided reason of individuals. This contrasts with Mill's emphasis on individual autonomy and reasoning skills.</p> <p>Moreover, if tradition is so valuable, as Hayek suggests, why not use government power to enforce it against people who go against it? And if individual reason and experimentation are so beneficial, as Mill argued, why not trust voters' judgements at the ballot box, and let them use those decisions to constrain individual choice?</p> <p>I cannot resolve all tensions between these two perspectives. But the gap can be greatly reduced by recognizing that individuals make better decisions in some circumstances than in others. In particular, they do better when the "vote with their feet" than when the vote at the ballot box. And that divergence bolsters both Mill's confidence in individual autonomy, and Hayek's condemnation of planning and support for spontaneous order.</p> <p>As I have explained <a href="https://reason.com/volokh/2020/06/23/three-types-of-foot-voting/">previously</a> (and more fully in my book book <a href="https://www.amazon.com/dp/0190054581/ref=nosim?tag=reasonmagazinea-20" data-mrf-link="https://www.amazon.com/dp/0190054581/ref=nosim?tag=reasonmagazinea-20"><em>Free to Move: Foot Voting, Migration, and Political Freedom</em>)</a>, people can vote with their feet by making choices in the private sector, by deciding with jurisdiction to live in within a federal system, and through international migration. What unites these three types of choices is that, <a href="https://reason.com/volokh/2020/06/21/how-foot-voting-promotes-political-freedom-better-than-ballot-box-voting/">in each case, the individual makes a decision that is highly likely to have a decisive impact</a>. By contrast, when you vote at the ballot box, the odds that your vote will have a decisive effect on the outcome are infinitesimally small: usually one chance in a million or even less (perhaps 1 in 60 million in a US presidential election, though the exact figure varies by state).</p> <p>As a result, foot voters have strong incentives to seek out relevant information and evaluate it objectively. As discussed in my book and elsewhere, historical and experimental evidence shows they often make good decisions even under bad conditions, as in the cases of people fleeing totalitarian regimes that censor information from the outside world, and poorly educated Blacks fleeing slavery and segregation. By contrast, a combination of <a href="https://balkin.blogspot.com/2013/10/why-political-ignorance-is-serious.html" data-mrf-link="https://balkin.blogspot.com/2013/10/why-political-ignorance-is-serious.html">"rational ignorance" (lack of incentive to seek out political information) and "rational irrationality"</a> (lack of incentive to engage in unbiased evaluation). In combination, these ensure they are often ignorant of very basic political information (such as what the three branches of government are or which officials are responsible for which issues) and often act as biased "political fans" in evaluating the information they do learn.</p> <p>Once we recognize that individuals generally make much better decisions as foot voters than as ballot box voters, Hayek and Mill's perspectives are much easier to reconcile.</p> <p>In the case of Hayek, this distinction can explain why he had respect for traditions developed through "spontaneous order," but was also highly critical of conservatives' support for the enforcement of tradition through state power, as in his famous essay "<a href="https://www.cato.org/sites/cato.org/files/articles/hayek-why-i-am-not-conservative.pdf">Why I am Not a Conservative</a>." The answer is that traditions generated by individuals' foot voting choices are likely to have greater epistemic value than those imposed by force, whether by democratic governments or authoritarian ones.</p> <p>Hayek was not actually an across-the-board fan of tradition. He was more than willing to reject traditions imposed and perpetuated by government coercion. For example, he <a href="https://www.cato.org/commentary/libertarians-have-long-led-way-marriage">rejected anti-sodomy laws</a> and other restrictions on consensual sexual activity, even though they were longstanding traditions. The distinction between foot voting and ballot box voting decisions can help justify this stance.</p> <p>The same goes for Mill's emphasis on individual autonomy. Foot voters are likely to make better choices than ballot box voters, and thus also create better "experiments in living." Mill, in fact, worried greatly about the problem of voter ignorance. In <a href="https://www.gutenberg.org/files/5669/5669-h/5669-h.htm"><em>Considerations on Representative Government</em></a>, he <a href="https://volokh.com/posts/1202019183.shtml">emphasized that voters have a duty to become well-informed</a>, and advocated giving extra votes to more educated voters in order to improve the quality of decision-making.</p> <p>But he failed to consider that even relatively more educated voters are still susceptible to rational ignorance (though they do, on average, know more than the less-educated) and still likely to act as <a href="http://www.volokh.com/posts/1222317278.shtml">biased "political fans."</a>  Any given set of people are likely to make better decisions when voting with their feet than at the ballot box. The superior incentives of foot voters justify granting them greater scope and autonomy, while tightly limiting the power of government to override their choices.</p> <p>As I argue in <em>Free to Move</em> and other writings, these circumstances also justify decentralizing government power so as to give people more opportunities to vote with their feet in federal systems. This last is a point consonant with Hayek's advocacy of decentralized federalism in some of his early writings, including <a href="https://fee.org/ebooks/the-economic-conditions-of-interstate-federalism/">a 1939 article</a> where he emphasized the importance of "do[ing] away with the impediments as to the movement of men, goods, and capital between the states."</p> <p>In sum, incorporating the problem of voter ignorance and the informational advantages of foot voting bolster both Hayek's argument for liberty and Mill's. Liberty enables people to make better-informed decisions in the private sector, thus reinforcing Mill's emphasis on autonomy. Voter ignorance further reduces the quality of government planning, thereby bolstering Hayek's argument against the latter, while helping to explain why he supported some traditions, but not others.</p> <p>The points covered here don't do away with all differences between Mill and Hayek. And, by themselves, they don't make a comprehensive case for a libertarian/classical liberal political system. But they do show how the superior decision-making of foot voters relative to ballot box voters bolster both Hayek and Mill's arguments, and make them mutually reinforcing.</p><p>The post <a href="https://reason.com/volokh/2026/08/23/reconciling-hayek-and-mills-divergent-defenses-of-liberty/">Reconciling Hayek and Mill&#039;s Divergent Defenses of Liberty</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:caption><![CDATA[F.A. Hayek]]></media:caption>
		<media:text><![CDATA[F.A. Hayek]]></media:text>
		<media:title><![CDATA[Hayek]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: August 23, 2007			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/23/today-in-supreme-court-history-august-23-2007-6/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8365858</id>
		<updated>2026-01-26T16:23:34Z</updated>
		<published>2026-08-23T11:00:29Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[8/23/2007: John Yates, aboard the Miss Katie boat, threw fish overboard to avoid an inspection. He was prosecuted for destroying&#8230;
The post Today in Supreme Court History: August 23, 2007 appeared first on Reason.com.
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			<![CDATA[<p>8/23/2007: John Yates, aboard the <em>Miss Katie</em> boat, threw fish overboard to avoid an inspection. He was prosecuted for destroying property to prevent a federal seizure. In Yates v. United States (2015), the Supreme Court held that the fish was not a "record."</p> <figure id="attachment_8026305" aria-describedby="caption-attachment-8026305" style="width: 615px" class="wp-caption aligncenter"><img decoding="async" class="wp-image-8026305" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/10/2010-2016-Roberts.jpg" alt="" width="615" height="410" srcset="https://reason.com/wp-content/uploads/2019/10/2010-2016-Roberts.jpg 900w, https://reason.com/wp-content/uploads/2019/10/2010-2016-Roberts-300x200.jpg 300w, https://reason.com/wp-content/uploads/2019/10/2010-2016-Roberts-768x512.jpg 768w" sizes="(max-width: 615px) 100vw, 615px" /><figcaption id="caption-attachment-8026305" class="wp-caption-text">The Roberts Court (2010-2016)</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/08/23/today-in-supreme-court-history-august-23-2007-6/">Today in Supreme Court History: August 23, 2007</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</entry>
		<entry>
					<author>
			<name>Abigail R. Hall</name>
							<uri>https://reason.com/people/abigail-hall/</uri>
					</author>
					<title type="html"><![CDATA[
				Post-9/11 Fear Grew the Surveillance State. 25 Years Later, It's Still Growing.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/23/9-11-and-the-surveillance-ratchet/" />
		<id>https://reason.com/?p=8387376</id>
		<updated>2026-08-21T20:16:05Z</updated>
		<published>2026-08-23T10:00:47Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Privacy" /><category scheme="https://reason.com/latest/" term="Surveillance" /><category scheme="https://reason.com/latest/" term="9/11" /><category scheme="https://reason.com/latest/" term="Bush Administration" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="History" /><category scheme="https://reason.com/latest/" term="Invasion of Privacy" /><category scheme="https://reason.com/latest/" term="TSA" />		<summary type="html"><![CDATA[The U.S. government responded in ways that are so integrated into daily life that we no longer recognize them.]]></summary>
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		<p>"Mom, why did he take your picture?" my preschooler asked. We were making our way through the Transportation Security Administration (TSA) checkpoint for a family trip.</p>
<p>"It's to compare my face with the picture in the computer," I said. "They want to make sure I am who I say I am."</p>
<p>As we put our bags on the conveyor belt to be X-rayed, I received another question. "Mom—what's that <em>big</em> machine?"</p>
<p>"A body scanner. It's supposed to find things under people's clothes."</p>
<p>"Can it see my privates?!"</p>
<p>"No," I hesitated. Contemporary scanners do not capture such details, but TSA agents may use them to <a href="https://www.cbsnews.com/colorado/news/cbs4-investigation-tsa-screeners-at-dia-manipulated-system-to-grope-mens-genitals/">inappropriately fondle</a> people. Older <a href="https://www.propublica.org/article/tsa-removes-x-ray-body-scanners-from-major-airports">backscatter X-ray</a> machines could, and did, provide the TSA with images of naked bodies.</p>
<p>After passing through the metal detector, we waited for our bags. A man in front of us was pulled aside to have his hands swabbed for explosives. I received yet another inquiry.</p>
<p>"Mom—what is that thing?"</p>
<p>"What thing?"</p>
<p>"The thing they're rubbing on his hands."</p>
<p>"That—that is to see if there are things on his hands that shouldn't be."</p>
<p>To my preschooler, these surveillance measures will undoubtedly be routine. Scan your ID, pose for the biometric screening, step into the scanner, be "randomly selected" for additional screening. My children won't know that air travel wasn't always this way. Facial scans, physical searches of your person and property, and so on are not part of some organic evolution. They are a direct response to the terror attacks on September 11, 2001, and the subsequent war on terror. But my children won't have memories of that either.</p>
<p>Just as every baby boomer knows exactly where they were when John F. Kennedy was assassinated, <a href="https://www.pewresearch.org/politics/2021/09/02/two-decades-later-the-enduring-legacy-of-9-11/">people my age</a> can tell you precisely <a href="https://www.wherewereyouon911.com/">what they were doing</a> just after 9 a.m. on 9/11. I was in seventh grade music class. In other classrooms, my friends watched people jump out of buildings. My mom picked me up early from school, and I distinctly remember that <em>every</em> television channel had been overtaken by news coverage. I watched the twin towers collapse over and over again for what felt like days. President George W. Bush gave multiple primetime addresses, and soon American flags were all over the neighborhood and my school.</p>
<p>Some parts of 9/11's legacy are clear. Twenty-five years later, the United States government remains embroiled in a <a href="https://www.georgewbushlibrary.gov/research/topic-guides/global-war-terror">global war on terror</a>. Members of the military bear both <a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC4452614/">physical and mental wounds</a>. The formal conflicts in <a href="https://www.georgewbushlibrary.gov/research/topic-guides/the-war-in-afghanistan">Afghanistan</a> and <a href="https://www.georgewbushlibrary.gov/research/topic-guides/the-iraq-war">Iraq</a> continue to inform the opinions of citizens and policymakers alike. Other reminders of the attack and subsequent responses abound—from the <a href="https://www.911memorial.org/">memorial</a> at the World Trade Center site and annual <a href="https://www.firehero.org/events/9-11-stair-climbs/">memorial stair climbs</a> to an <a href="https://www.tandfonline.com/doi/full/10.1080/09546553.2024.2437666">absolute</a> <a href="https://www.cambridge.org/core/books/cambridge-handbook-on-the-economics-of-terrorism/15D5BA8B0089979A45B2D0196741E16A">explosion</a> <a href="https://digital-commons.usnwc.edu/cgi/viewcontent.cgi?referer=&amp;httpsredir=1&amp;article=1950&amp;context=nwc-review">of</a> <a href="https://polisci.osu.edu/people/mueller.135">academic</a> <a href="https://www.jstor.org/stable/10.1525/j.ctv1wxrp4">work</a> <a href="https://www.ojp.gov/pdffiles1/nij/grants/208552.pdf">related</a> <a href="https://www.jstor.org/stable/pdf/29737694.pdf">to</a> <a href="https://psycnet.apa.org/record/2024-15720-014">terrorism</a> <a href="https://www.hks.harvard.edu/centers/wappp/publications/women-gender-and-terrorism-studies-security-and-international-affairs">and</a> <a href="https://www.amazon.in/Political-Terrorism-Counterterrorism-Elements-Economics-ebook/dp/B0CCJWX22Q">counterterrorism</a>.</p>
<p>Other parts of 9/11's legacy are more difficult to observe, especially for Americans too young to remember life before the attacks. The U.S. government responded in many ways that either were largely kept secret from the public or are so integrated into daily life that we no longer recognize them as what they are: marked expansions of government that have weakened constraints on government and eroded our liberties.</p>
<h1>Scale, Size, and Scope</h1>
<p>In addition to launching the wars in Afghanistan and Iraq and other interventions abroad, the U.S. government underwent its largest restructuring since 1947. The <a href="https://www.dhs.gov/creation-department-homeland-security#:~:text=Department%20Creation,doors%20on%20March%201%2C%202003.">Department of Homeland Security</a> (DHS) began operations in 2003, uniting 22 different agencies under an integrated federal security apparatus. A cadre of new agencies appeared as well, including the <a href="https://www.tsa.gov/history">TSA</a>, <a href="https://www.ice.gov/history">Immigration and Customs Enforcement</a>, <a href="https://www.cbp.gov/border-security/along-us-borders/history">U.S. Customs and Border Protection</a>, <a href="https://www.uscis.gov/about-us/our-history#:~:text=Federal%20oversight%20of%20immigration%20began,immigration%20enforcement%20and%20border%20security.">U.S. Citizenship and Immigration Services</a>, and the <a href="https://www.dni.gov/index.php/who-we-are/history">Office of the Director of National Intelligence</a>. Other agencies saw significant structural changes, among them the <a href="https://www.fema.gov/about/history#:~:text=The%20terrorist%20attacks%20of%20September,FEMA%20and%2021%20other%20organizations.">Federal Emergency Management Agency</a>, the <a href="https://www.mycg.uscg.mil/News/Article/4233109/the-long-blue-line-911a-day-that-changed-the-coast-guard-forever/#:~:text=The%202001%20terrorist%20attacks%20reshaped,transformations%20in%20Coast%20Guard%20history.%5D">U.S. Coast Guard</a>, the <a href="https://abcnews.com/Politics/secret-service-changed-911-opinion/story?id=79593263">Secret Service</a>, the <a href="https://georgewbush-whitehouse.archives.gov/news/releases/2004/12/20041217-1.html?utm">CIA</a>, and the <a href="https://nsarchive.gwu.edu/sites/default/files/documents/qwnm8f-2rij3/doc-20-crs-fbi-9-11-intel-reform.pdf">FBI</a>.</p>
<p>Federal expenditures on "defense" <a href="https://fred.stlouisfed.org/series/G160461A027NBEA">increased rapidly</a>, from $326 billion in 2001 to nearly $360 billion a year later. By 2010, the scale of federal military expenditures exceeded $652 billion. Estimates from 2020 suggest that the broader war on terror will cost U.S. taxpayers more than <a href="https://www.brown.edu/news/2021-09-01/costsofwar">$8 trillion</a> by 2050.</p>
<p>It wasn't just the raw <em>scale</em> or <em>size</em> of government that changed. If we truly want to understand how America has been transformed, we must also appreciate changes in the <em>scope</em> of government—the type and range of things the government does.</p>
<p>The fear generated by the 9/11 attacks drew citizens toward the government. This fear also generated a "disarming effect" where citizens came to accept, even welcome, measures that they would have previously regarded as gross violations of personal freedom.</p>
<p>The most obvious illustrations involve surveillance. Despite explicit constitutional protections against unlawful search, an overwhelming number of Americans supported increased government surveillance after 9/11, including <a href="https://news.gallup.com/poll/5263/civil-liberties.aspx">wiretapping, collecting cellphone records</a>, video surveillance, and <a href="https://www.washingtonpost.com/archive/2001/10/01/what-are-we-willing-to-sacrifice/c32a50d0-57cf-44de-8d3c-7b0f322c831f/">reductions in restrictions</a> on government spying.</p>
<p>This support, combined with the fear of another attack, led to the quick passage of the <a href="https://www.fincen.gov/resources/statutes-and-regulations/usa-patriot-act">USA PATRIOT Act</a> in October 2001. Among other expansions in the scale and scope of government, this law greatly expanded Washington's power to spy on people and reduced or eliminated constraints on surveillance. For example, the law made significant changes to the <a href="https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/statutes/1286#:~:text=The%20Foreign%20Intelligence%20Surveillance%20Act%20(FISA)%20of,nonpublic%20sessions%20to%20consider%20issuing%20search%20warrants.">Foreign Intelligence Surveillance Act (FISA) of 1978</a>, the federal law regulating surveillance and data collection of foreign intelligence on U.S. soil. The PATRIOT Act allowed for longer search and surveillance periods and permitted <a href="https://archives.fbi.gov/archives/news/testimony/usa-patriot-act-amendments-to-foreign-intelligence-surveillance-act-authorities?utm">"roving" wiretaps</a>, meaning that government agents could "follow" surveillance targets across different phones, email accounts, and locations, as opposed to requiring new authorizations. The law also made it easier for surveillance officials to acquire pen register, or "<a href="https://www2.law.umaryland.edu/marshall/crsreports/crsdocuments/RS2170401272005.pdf?utm">trap-and-trace</a>," orders, meaning the government could collect more metadata in their investigations.</p>
<p>Other portions of the PATRIOT Act lowered the bar for officials seeking FISA approval. Still other sections relaxed the constraints on the U.S. government to share private information about U.S. citizens with <a href="http://v">foreign governments</a>.</p>
<p>Moreover, the PATRIOT Act <a href="https://commdocs.house.gov/committees/judiciary/hju20877.000/hju20877_0f.htm?utm">replaced</a> more restrictive policies about data collection on businesses with a much <a href="https://www2.law.umaryland.edu/marshall/crsreports/crsdocuments/RS2170401272005.pdf?utm">broader provision</a> allowing the government to obtain "any tangible thing" that may be "relevant" to an investigation, including business and library records, financial and travel records, and telephone metadata. The act allowed broader and more direct surveillance-related <a href="https://archives.fbi.gov/archives/news/testimony/usa-patriot-act-amendments-to-foreign-intelligence-surveillance-act-authorities">coordination and information sharing</a> between officials across various arms of the government.</p>
<p>Americans largely welcomed these changes, with many expressing they'd have "no concern" if the government collected their <a href="https://news.gallup.com/poll/5263/civil-liberties.aspx">personal phone records</a>. Others stated their opinion that the government had not gone<a href="https://news.gallup.com/poll/5263/civil-liberties.aspx">far enough</a> in restricting civil liberties to combat terrorism. It was not until <a href="https://www.whistleblowers.org/news/the-case-of-edward-snowden/">Edward Snowden</a> exposed some of the abuse of surveillance technologies by the National Security Agency that U.S. citizens clearly expressed <a href="https://www.pewresearch.org/short-reads/2018/06/04/how-americans-have-viewed-government-surveillance-and-privacy-since-snowden-leaks/">disapproval</a> of the expansion of federal spying. Even today, while many people express skepticism about some surveillance policies, <a href="https://yougov.com/en-us/articles/52425-what-americans-think-about-privacy-united-states-government-surveillance-in-2025-poll">support for surveillance</a> in some capacity largely remains.</p>
<h1>The Ratchet</h1>
<p>September 11 opened the door for permanent alterations in the size of government and the types of activities our government undertakes. Economist <a href="https://www.independent.org/author/robert-higgs/">Robert Higgs</a> foreshadowed all this in his 1987 book, <a href="https://www.independent.org/store/book/crisis-and-leviathan-2025-edition/">Crisis and Leviathan: Critical Episodes in the Growth of American Government</a>. Higgs described a "ratchet effect" in which government often grows but rarely shrinks. During normal times, there is a baseline "supply and demand" dynamic, with bureaucrats <a href="https://www.econlib.org/library/Columns/y2019/HaeffeleHobsonbureaucracy.html">offering</a> an expanded role for themselves when citizens ask for <a href="https://www.imf.org/en/publications/fandd/issues/2021/12/global-public-goods-chin-basics">goods and services</a>. But a crisis and the fear it creates dramatically increase the demand for the government to "do something."</p>
<p>Government grows at a steady rate until a crisis occurs. A subsequent expansion, integration of new government activities, and retrenchment following the crisis's conclusion follow. The result is a higher level of government activity than what would have occurred absent the crisis—a "ratcheting" of growth.</p>
<p>We can see many examples of this dynamic from the last century. Before Washington entered World War II, scientists called on the U.S. government to <a href="https://ahf.nuclearmuseum.org/ahf/key-documents/einstein-szilard-letter/">develop a nuclear program</a> over fear of a possible nuclear Third Reich. The ultimate result was the <a href="https://www.nps.gov/mapr/faqs.htm">Manhattan Project</a>. In the early Cold War, the fear of communism prompted calls for government action, resulting in <a href="https://www.trumanlibrary.gov/education/presidential-inquiries/trumans-loyalty-program">loyalty oaths</a>, <a href="https://news.gallup.com/vault/210107/gallup-vault-edgar-hoover-fbi-american-communists.aspx">domestic surveillance</a>, and <a href="https://www.trumanlibrary.gov/education/presidential-inquiries/house-un-american-activities-committee">public hearings</a>. More recently, calls for government to "fix" the COVID-19 pandemic resulted in restrictions on <a href="https://apnews.com/article/public-health-health-us-news-ap-top-news-virus-outbreak-9ed271ca13012d3b77a2b631c1979ce1?utm">individual movement</a>, dictates about <a href="https://apnorc.org/projects/coronavirus-concerns-on-the-rise-again-amid-spike-in-new-cases/?utm_source=chatgpt.com">masking</a>, and support for government-issued "<a href="https://news.gallup.com/poll/349580/support-vaccination-proof-varies-activity.aspx">vaccine passports</a>."</p>
<p>Eventually, the crisis that sparked the expansion of government—whether a pandemic, possible "nuclear Nazis," or terrorism—abates. Some policies implemented in the name of combating the crisis are eliminated or curtailed. For example, the restrictions placed by government officials during the COVID-19 pandemic related to masking, lockdowns, etc., were eventually eliminated.</p>
<p>But the expansion of government is not <em>fully</em> reversed. Policies and programs implemented in the context of crisis become integrated into the general operations of government. New bureaus become permanent, and policies developed to address an immediate crisis come to be the status quo within expanded government operations. The crisis permanently expanded the government.</p>
<p>Writing in 1987, Higgs did not have the 9/11 attacks in mind. But the framework helps us analyze how the terror attacks opened the door for bigger government—and helps us to appreciate both the monetary and nonpecuniary costs of government expansion.</p>
<h1>Fear Is the Privacy-Killer</h1>
<p>Immediately following the 9/11 attacks, a <a href="https://www.pewresearch.org/politics/2021/09/02/two-decades-later-the-enduring-legacy-of-9-11/">majority of Americans</a> reported they felt afraid. This fear drove calls for officials to act—and fast. In late September 2001, nearly half of Americans worried that the Bush administration would not use military options <a href="https://www.pewresearch.org/politics/2021/09/02/two-decades-later-the-enduring-legacy-of-9-11/">fast enough</a> to combat additional terrorism threats.</p>
<p>This passivity, if not outright support, among citizens was augmented by the incentives facing various groups of actors within government.</p>
<p>The Framers of the U.S. Constitution <a href="https://constitution.congress.gov/browse/essay/intro.7-3/ALDE_00000032/">purposely designed</a> a <a href="https://www.law.cornell.edu/wex/federalism">federalist system</a> of checks and balances that diffused powers between different levels of government—federal, state, and local. Diffusing power among smaller units of government limits the power of the federal government. Further, these smaller units may provide other checks on federal overreach by <a href="https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?referer=&amp;httpsredir=1&amp;article=4697&amp;context=clr">suing the federal government</a>, leveraging yet another <a href="https://www.uscourts.gov/about-federal-courts/court-role-and-structure">intentional check</a> (the courts) to determine if the actions of federal authorities are legal.</p>
<p>But during times of crisis, smaller units of government are drawn toward obeying the political center. Public calls for government action open the <a href="https://www.cato.org/policy-analysis/curbing-federal-emergency-spending-government-spending-grows-excessive-wasteful">fiscal floodgates</a> for those government entities—at all levels—that are supposed to address the crisis. As a result, actors in smaller units of government may find it beneficial to align their policies and activities with those of the federal government.</p>
<p>State and local police departments, as well as other peripheral units of government, <a href="https://archives.fbi.gov/archives/news/speeches/law-enforcement-cooperation-and-the-war-on-terror">quickly integrated</a> surveillance protocols into their work in the name of fighting terror. Framed as "<a href="https://www.govinfo.gov/content/pkg/CHRG-109hhrg35627/html/CHRG-109hhrg35627.htm">first preventers</a>" of the next terror attack, police departments and local governments were quick to link their activities with the broader goal of combating terrorism.</p>
<p>Today, <a href="https://www.congress.gov/crs-product/R48160#:~:text=Over%20the%20past%20couple%20of,residents%2C%20100%25%20used%20ALPRs.">90 percent</a> of U.S. sheriff's offices with 500-plus deputies use automatic <a href="https://www.brennancenter.org/our-work/analysis-opinion/rolling-back-post-911-surveillance-state">license plate readers</a>, as does every police department serving <a href="https://www.congress.gov/crs-product/R48160#:~:text=Over%20the%20past%20couple%20of,residents%2C%20100%25%20used%20ALPRs.">more than 1 million residents</a>. Over the course of the war on terror, local police departments and sheriff's offices readily accepted and deployed unmanned aerial vehicles. In 2012, <a href="https://www.eff.org/deeplinks/2012/08/these-drones-are-made-watchin">dozens</a> of police departments used drone surveillance. A little over a decade later, more than 1,400 such entities were deploying <a href="https://www.axon.com/resources/police-drones?utm">drones</a>. The rationale for their use, then as now, is counterterrorism.</p>
<p>Other surveillance technologies, such as "cell site simulators" or "stingrays," have also been adopted by police departments <a href="https://www.muckrock.com/project/cell-site-simulator-census-83/">across the country</a> in the name of combating terrorism. These devices, usually about the size of a toaster oven, trick citizens' cellphones into transmitting location data and other information by simulating the signal from a real cell tower.</p>
<p>Over time, the immediate crisis of the 9/11 attacks and subsequent war on terror faded. Some crisis-related programs diminished or vanished completely. In 2004, for example, the DHS scrapped its <a href="https://www.govexec.com/defense/2004/07/dhs-scraps-computer-pre-screening-system-starts-over/17167/">Computer Assisted Passenger Prescreening System II</a>—a system designed to assign a terrorism risk score to <em>every</em> commercial air passenger. The <a href="https://www.cga.ct.gov/2004/rpt/2004-R-0320.htm">Multistate Anti-Terrorism Information Exchange</a>, a data-mining and information sharing system, ceased operations in 2005.</p>
<p>True to the dynamics outlined in the ratchet effect, however, many expansions in government remain. Many provisions of the PATRIOT Act are still in effect, including those that <a href="https://nationalsecurity.law.georgetown.edu/event/four-puzzles-of-aggression-and-accountability-2/">allow expanded surveillance</a>. Similarly, the use of <a href="https://pmc.ncbi.nlm.nih.gov/articles/PMC12116099/">biometric screening, AI</a>, and other tools by federal and local entities are now practically expected.</p>
<p>Twenty-five years after the attacks, is it possible to undo these encroachments? Can we prevent new ones? In theory, <a href="https://www.amazon.com/dp/1503605272/ref=nosim?tag=reasonmagazinea-20">formal constraints</a>, whistleblowers, and the <a href="https://www.amazon.com/dp/B0965N9WR9/ref=nosim?th=1&#038;psc=1&#038;tag=reasonmagazinea-20">media</a> can act as checks on government expansion. Unfortunately, these options might help but are likely woefully inadequate.</p>
<p>But consider Higgs' framework again. The earlier chapters of <em>Crisis and Leviathan</em> highlight the importance of citizen ideology. Higgs suggests the <a href="https://papers.ssrn.com/sol3/Delivery.cfm/4855104.pdf?abstractid=4855104&amp;mirid=1&amp;type=2">ideological acceptance</a> of larger government is a necessary condition for the ratchet effect dynamics to manifest. In a similar way, ideology may prove the key for preventing future ratchets and possibly undoing previous ones.</p>
<p>With many intrusive policies implemented after 9/11, it was <a href="https://www.propublica.org/article/tsa-removes-x-ray-body-scanners-from-major-airports">pushback</a> from the <a href="https://www.aclu.org/news/national-security/tsa-darkens-skies-secret-surveillance-americans#:~:text=Share%20This%20Page,they've%20done%20anything%20wrong.">citizenry</a> that <a href="https://judiciary.house.gov/usa-freedom-act">ultimately</a> led to their <a href="https://www.brennancenter.org/our-work/analysis-opinion/us-surveillance-americans-must-stop">cessation</a>. Ultimately, it's up to us as individuals to defend liberty and reject the overbearing "protection" the government is offering.</p>
<p>The post <a href="https://reason.com/2026/08/23/9-11-and-the-surveillance-ratchet/">Post-9/11 Fear Grew the Surveillance State. 25 Years Later, It&#039;s Still Growing.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[An illustration of people walking through airport security with surveillance cameras above them]]></media:description>
		<media:title><![CDATA[crisis-security-state-v1]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/crisis-security-state-v1-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/23/open-thread-305/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398613</id>
		<updated>2026-08-23T07:00:00Z</updated>
		<published>2026-08-23T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/23/open-thread-305/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/08/23/open-thread-305/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Check Out the National High School Law Review, Vol. II			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/22/check-out-the-national-high-school-law-review-vol-ii/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398618</id>
		<updated>2026-08-22T20:57:18Z</updated>
		<published>2026-08-22T20:57:18Z</published>
					<summary type="html"><![CDATA[It's a project of Studium; Studium's Constitutional Law Advisory Board includes Prof. and National Constitution Center CEO Jeffrey Rosen, Prof.&#8230;
The post Check Out the National High School Law Review, Vol. II appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/22/check-out-the-national-high-school-law-review-vol-ii/">
			<![CDATA[<p>It's a project of <a href="https://thestudium.com/about">Studium</a>; Studium's <a href="https://thestudium.com/board/conlaw">Constitutional Law Advisory Board</a> includes Prof. and National Constitution Center CEO Jeffrey Rosen, Prof. and former ACLU President Nadine Strossen, Prof. and former Chief Judge Diane Wood, Prof. and Judge Doug Ginsburg, and Prof. Adam White. <a href="https://thestudium.com/national-law-review">Volume II</a> is now out, and it contains these articles:</p>
<ol>
<li>Sebastian Lewin, <em>The Unassailable Theory of Liberty</em></li>
<li>Eileen Wang, <em>ICWA's Dual Purpose After Haaland v. Brackeen: Reading Alito's Dissent Alongside Gorsuch's Concurrence</em></li>
<li>Steele Barhydt, <em>On Tyranny</em></li>
<li>Anna Yuras &amp; Piper Schmitz, <em>Why Originalism Should Prevail as the Dominant Method of Interpretation</em></li>
<li>Benjamin Berer, <em>Counterman v. Colorado: Why the Recklessness Standard Fails Victims of Online Threats</em></li>
<li>Morgan Cole, <em>Loper Bright Enterprises v. Raimondo in the Upside Down: How a Fight Over Fishery Salaries Could Spark an Unintentional Sanctuary for Science</em></li>
<li>Adam Watson, <em>A Campaign Finance System Which Doesn't Work</em></li>
<li>Michelle Wang &amp; Colomba Joulin-Batejat, <em>Burden and Constitutional Risk in Glossip v. Gross</em></li>
<li>Alison Gipstein &amp; Hannah Lewis, <em>Reassessing the Implications of Prior Restraint in the Digital Age as a Result of Ambiguity in New York Times Co. v. United States</em></li>
<li>Kalel Charalambides, <em>Engel v. Vitale and the Illusion of Voluntary Prayer: Religious Neutrality, Psychological Pressure, and the Impact on Students from All Academic, Social, and Cognitive Backgrounds</em></li>
<li>Thomas Houghton &amp; Evan Hernandez, <em>The Alien Tort Statute and America's Betrayal of Universal Justice</em></li>
<li>Emma Di Domenico, <em>A Patchwork System: Why Consumer DNA Databases Require a Federal Framework for Privacy and Protection Interests</em></li>
<li>Sophia O'Connor, <em>Beyond Gideon: The Case for Counsel in Housing Court</em></li>
</ol>
<p>Here's the introduction from the founder, <a href="https://thestudium.com/founder">Olivia Eve Gross</a>:</p>
<p><span id="more-8398618"></span></p>
<blockquote><p>It is with great pride that we at Studium introduce this year's edition of the National High School Law Review. Each volume reflects something larger than the collection of notes it contains. It represents a growing community of students and educators across the country who have committed themselves to studying constitutional law, engaging seriously with one another's ideas, and practicing the habits of thoughtful citizenship.</p>
<p>What began as a simple conviction, that students deserve the opportunity to wrestle directly with our nation's most consequential legal questions, has grown into a national movement. This year, we are especially proud to see that movement expanding into new schools, new states, and new classrooms, bringing thousands more students into conversations rooted in evidence, reason, and mutual respect.</p>
<p>The High School Law Review exists to give students an authentic place to think, write, and publish. Through close readings of Supreme Court opinions, sustained classroom discussion, and the publication of their own legal writing, students learn to analyze arguments with precision, communicate with clarity, and engage in constitutional reasoning while practicing agreeable disagreement. These are not simply academic skills. They are habits that prepare students to participate thoughtfully in civic life.</p>
<p>At the heart of this work is the practice of agreeable disagreement. Students are challenged not only to defend their own conclusions but also to understand the strongest versions of perspectives different from their own. They learn to separate ideas from identities, question their own assumptions, and recognize that disagreement, when approached with curiosity and generosity, strengthens rather than weakens a community of learners. The notes collected in this volume reflect that commitment. They demonstrate careful reasoning, genuine inquiry, and a willingness to engage difficult questions with both conviction and respect.</p>
<p>None of this would be possible without the extraordinary educators who make this work accessible to students in classrooms every day. Teachers create the conditions in which students are willing to ask difficult questions, revise their thinking, and engage one another with both rigor and kindness. Their leadership transforms constitutional law from a body of primary sources to be studied into a practice to be lived, and we remain deeply grateful for their partnership.</p>
<p>As our community continues to grow, so too does the significance of this publication. Students from across the country now contribute to a shared body of work, reading and learning from peers whose experiences, perspectives, and communities may differ greatly from their own. The National High School Law Review has become more than an annual publication; it is a national forum where young people discover that meaningful disagreement can be a source of learning rather than division.</p>
<p>To every student whose work appears in these pages, congratulations. Your willingness to think carefully, write thoughtfully, and share your ideas contributes to something much larger than a single legal note. To every teacher, school, and chapter that made this volume possible, thank you for believing in the importance of this work and for helping this community continue to grow.</p>
<p>We are excited by how far this movement has come and even more excited by where it is headed. We hope this edition inspires more schools to join us as we continue building a generation of citizens who know not only how to disagree, but how to do so with reason, respect, and an open mind.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/22/check-out-the-national-high-school-law-review-vol-ii/">Check Out the National High School Law Review, Vol. II</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: August 22, 1998			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/22/today-in-supreme-court-history-august-22-1998-6/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8365857</id>
		<updated>2026-01-26T16:19:02Z</updated>
		<published>2026-08-22T11:00:28Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[8/22/1998: On August 22, 1998, Barry Black led a Ku Klux Klan rally in Carroll County, Virginia. The Supreme Court considered the&#8230;
The post Today in Supreme Court History: August 22, 1998 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/22/today-in-supreme-court-history-august-22-1998-6/">
			<![CDATA[<p>8/22/1998: On <span id="co_term_4144" class="co_searchTerm co_concept_1_11 MultiColor--default">August</span> <span id="co_term_4145" class="co_searchTerm co_concept_1_11 MultiColor--default">22</span>, 1998, Barry Black led a Ku Klux Klan rally in Carroll County, Virginia. The Supreme Court considered the constitutionality of his prosecution for cross burning in Virginia v. Black (2003).</p> <figure id="attachment_8030057" aria-describedby="caption-attachment-8030057" style="width: 517px" class="wp-caption aligncenter"><img decoding="async" class="wp-image-8030057" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2019/10/1994-2005-Rehnquist-1024x791.jpg" alt="" width="517" height="399" srcset="https://reason.com/wp-content/uploads/2019/10/1994-2005-Rehnquist-1024x791.jpg 1024w, https://reason.com/wp-content/uploads/2019/10/1994-2005-Rehnquist-300x232.jpg 300w, https://reason.com/wp-content/uploads/2019/10/1994-2005-Rehnquist-768x593.jpg 768w" sizes="(max-width: 517px) 100vw, 517px" /><figcaption id="caption-attachment-8030057" class="wp-caption-text">The Rehnquist Court</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/08/22/today-in-supreme-court-history-august-22-1998-6/">Today in Supreme Court History: August 22, 1998</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>C. Jarrett Dieterle</name>
							<uri>https://reason.com/people/cjarrett-dieterle/</uri>
					</author>
					<author>
			<name>Adam Lehodey</name>
							<uri>https://reason.com/people/adam-lehodey/</uri>
					</author>
					<title type="html"><![CDATA[
				This Mamdani-Backed Bill Would Kill Jobs, Boost Unions, and Make Deliveries More Expensive			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/22/this-mamdani-backed-bill-would-kill-jobs-boost-unions-and-make-deliveries-more-expensive/" />
		<id>https://reason.com/?p=8398434</id>
		<updated>2026-08-22T13:12:24Z</updated>
		<published>2026-08-22T11:00:09Z</published>
			<category scheme="https://reason.com/latest/" term="Business and Industry" /><category scheme="https://reason.com/latest/" term="Jobs" /><category scheme="https://reason.com/latest/" term="Labor Unions" /><category scheme="https://reason.com/latest/" term="Amazon" /><category scheme="https://reason.com/latest/" term="Contracting" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[The misleadingly named "Delivery Protection Act" would require companies like Amazon and FedEx to directly hire employees for last-mile delivery, rather than contracting this service out to subcontractors.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/22/this-mamdani-backed-bill-would-kill-jobs-boost-unions-and-make-deliveries-more-expensive/">
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										alt="People hold signs in favor of New York City&#039;s Delivery Protection Act | IMAGO/ZUMA Press/Newscom"
				/>
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		</div>
		<p>As if New York City weren't already an expensive enough place to live, <a href="https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=7879110&amp;GUID=BDDD32F1-1178-492D-80F2-205845356FD2">legislation</a> introduced to the City Council could soon make delivering packages in the five boroughs far costlier. Cloaked in the language of improving safety, the bill—recently <a id="m_-5541549610546324749gmail-OWA2ffa6ef9-286b-9ee0-5b96-00059664d16a" title="https://www.nyc.gov/mayors-office/news/2026/08/mayor-mamdani-backs--delivery-protection-act--to-rein-in-amazon-" href="https://www.nyc.gov/mayors-office/news/2026/08/mayor-mamdani-backs--delivery-protection-act--to-rein-in-amazon-" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.nyc.gov/mayors-office/news/2026/08/mayor-mamdani-backs--delivery-protection-act--to-rein-in-amazon-&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw2LSIh2veaejWCVhA2SyxF2"><u>endorsed</u></a> by Mayor Zohran Mamdani—is little more than a thinly veiled attempt to <a title="https://www.wsws.org/en/articles/2026/08/19/bnaf-a19.html" href="https://www.wsws.org/en/articles/2026/08/19/bnaf-a19.html" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.wsws.org/en/articles/2026/08/19/bnaf-a19.html&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw2k_GNwKlnN6RbsUmros2AL">strengthen</a><a title="https://www.wsws.org/en/articles/2026/08/19/bnaf-a19.html" href="https://www.wsws.org/en/articles/2026/08/19/bnaf-a19.html" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.wsws.org/en/articles/2026/08/19/bnaf-a19.html&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw2k_GNwKlnN6RbsUmros2AL"> </a>the power of unions.</p>
<p>Introduced by NYC Council Member Tiffany Cabán in February, the misleadingly named "Delivery Protection Act" would <a id="m_-5541549610546324749gmail-OWAe18fc2e0-942b-fa2b-7bdc-d1b500c3874b" title="https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=7879110&amp;GUID=BDDD32F1-1178-492D-80F2-205845356FD2" href="https://legistar.council.nyc.gov/LegislationDetail.aspx?ID=7879110&amp;GUID=BDDD32F1-1178-492D-80F2-205845356FD2" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://legistar.council.nyc.gov/LegislationDetail.aspx?ID%3D7879110%26GUID%3DBDDD32F1-1178-492D-80F2-205845356FD2&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw2Tc9L2WBGEOM7oVoJvMfqy"><u>require</u></a> companies like Amazon and FedEx to directly hire employees for last-mile delivery, rather than contracting this service out to subcontractors. Last-mile delivery, which constitutes the final steps a package takes before hitting a consumer's doorstep, is the most expensive part of the delivery process, since it requires drivers to stop at many homes, often amid dense urban environments. The proposed legislation will only make this type of package delivery more expensive.</p>
<p>One of the main rationales behind the bill is safety. Proponents like Mamdani <a id="m_-5541549610546324749gmail-OWA42dc0d8f-b8b5-c311-a790-0b4ce51f93fb" title="https://www.nyc.gov/mayors-office/news/2026/08/mayor-mamdani-backs--delivery-protection-act--to-rein-in-amazon-" href="https://www.nyc.gov/mayors-office/news/2026/08/mayor-mamdani-backs--delivery-protection-act--to-rein-in-amazon-" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.nyc.gov/mayors-office/news/2026/08/mayor-mamdani-backs--delivery-protection-act--to-rein-in-amazon-&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw2LSIh2veaejWCVhA2SyxF2"><u>argue</u></a> that Amazon's last-mile delivery service—which relies on subcontractor companies that hire their own workers—exacerbates traffic safety incidents in the Big Apple. Under this theory, ending the use of subcontractors would result in lower staff turnover and shift liability directly onto Amazon, which in turn could lower safety incidents and better protect the drivers themselves from injury.</p>
<p>But in recent years, Amazon has invested over $12 billion in technology and safety features for its delivery contractors, which it <a id="m_-5541549610546324749gmail-OWA6e454157-96ff-ef4c-17ef-ee25ea70f416" title="https://www.ckflaw.com/blog/whats-the-deal-with-amazon-trucks-safety-violations-fatal-wrecks-and-more/" href="https://www.ckflaw.com/blog/whats-the-deal-with-amazon-trucks-safety-violations-fatal-wrecks-and-more/" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.ckflaw.com/blog/whats-the-deal-with-amazon-trucks-safety-violations-fatal-wrecks-and-more/&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw0-kUXVRK_3OLH-6KBrPWjK"><u>reports</u></a> has led to a 48 percent decline in accident rates since 2020. This includes the creation of "DNY7"—a state-of-the-art Amazon training facility in Brooklyn where worker onboarding goes beyond federally mandated safety training—and through the acquisition of camera-equipped vans and modern electric bikes.</p>
<p>While proponents of the bill have pointed to <a id="m_-5541549610546324749gmail-OWA37341c4e-9613-f27d-9b68-e48dacb4b4b1" title="https://www.insurancejournal.com/news/east/2025/11/26/849068.htm" href="https://www.insurancejournal.com/news/east/2025/11/26/849068.htm" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.insurancejournal.com/news/east/2025/11/26/849068.htm&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw1i43JRDjReBEZcrq6PIAkv"><u>statistics</u></a> showing that the worker injury rates of Amazon's last-mile subcontractors is 8.3 per 100 workers versus 2.4 for <em>all private employers</em>, this comparison is essentially meaningless. The relevant comparison would be the national injury rate average for <a id="m_-5541549610546324749gmail-OWA954a0a5d-deed-03f0-1836-142af6d0feb2" title="https://www.bls.gov/web/osh/table-1-industry-rates-national.htm" href="https://www.bls.gov/web/osh/table-1-industry-rates-national.htm" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.bls.gov/web/osh/table-1-industry-rates-national.htm&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw3TXiuYOdHR5J8OumgVVOHG"><u>couriers</u></a>—which is 8.0, suggesting that the Amazon's last-mile subcontractors are in line with industry norms.</p>
<p>The <a id="m_-5541549610546324749gmail-OWAa2ace63d-09e7-d9ee-a9a2-e7aba8342071" title="https://teamster.org/2026/08/amazon-teamsters-and-allies-picket-city-hall-for-the-delivery-protection-act/" href="https://teamster.org/2026/08/amazon-teamsters-and-allies-picket-city-hall-for-the-delivery-protection-act/" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://teamster.org/2026/08/amazon-teamsters-and-allies-picket-city-hall-for-the-delivery-protection-act/&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw2bBC-okj9e7ClatP5Gfw7Z"><u>International Brotherhood of Teamsters</u></a> and the <a id="m_-5541549610546324749gmail-OWA38e4ed57-ebed-bafa-1466-c1cc1a57a40e" title="https://nycclc.org/news/delivery-protection-act-gets-major-boost-new-york-city" href="https://nycclc.org/news/delivery-protection-act-gets-major-boost-new-york-city" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://nycclc.org/news/delivery-protection-act-gets-major-boost-new-york-city&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw1-f5IGED7HT5X0EQAX4Udi"><u>New York City Central Labor Council, AFL-CIO</u></a> are backing the bill. Under federal <a id="m_-5541549610546324749gmail-OWA1211cda5-995f-445b-e5bd-bd610a3589f8" title="https://www.wsj.com/opinion/amazon-teamsters-subcontractors-new-york-zohran-mamdani-fd76f25f" href="https://www.wsj.com/opinion/amazon-teamsters-subcontractors-new-york-zohran-mamdani-fd76f25f" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.wsj.com/opinion/amazon-teamsters-subcontractors-new-york-zohran-mamdani-fd76f25f&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw0TOiyfWsNlTMbs9RjdUxDx"><u>labor law</u></a>, Amazon's subcontracted last-mile delivery partners can be individually unionized, but the labor contract wouldn't be signed with Amazon itself. Banning subcontracting for last-mile delivery would force Amazon to hire these deliverers as direct employees, making them easier to organize.</p>
<p>As attorney Alex MacDonald has <a id="m_-5541549610546324749gmail-OWA58eb945a-73d7-632e-d8e7-9fc992b11b0f" title="https://wmlawreview.org/politics-preemption-and-minimum-labor-standards-union-led-erosion-national-labor-relations-act" href="https://wmlawreview.org/politics-preemption-and-minimum-labor-standards-union-led-erosion-national-labor-relations-act" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://wmlawreview.org/politics-preemption-and-minimum-labor-standards-union-led-erosion-national-labor-relations-act&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw0jJjq3WgafUUQ12UHl9Uxi"><u>noted</u></a>, this is part of a larger strategy being employed by unions in recent years: If they are unable to organize through "organic, boots-on-the-ground campaigns," they now lobby for laws like this one that "read like a shortcut to organizing." In other words, what can't be accomplished by collective bargaining is pursued through direct regulation.</p>
<p>But these types of laws generally—and NYC's proposed ban on last-mile delivery services specifically—are arguably preempted by the National Labor Relations Act (NLRA). As MacDonald <a id="m_-5541549610546324749gmail-OWA71746052-c16c-a6ee-27a6-2763c6cdc8d3" title="https://wmlawreview.org/politics-preemption-and-minimum-labor-standards-union-led-erosion-national-labor-relations-act" href="https://wmlawreview.org/politics-preemption-and-minimum-labor-standards-union-led-erosion-national-labor-relations-act" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://wmlawreview.org/politics-preemption-and-minimum-labor-standards-union-led-erosion-national-labor-relations-act&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw0jJjq3WgafUUQ12UHl9Uxi"><u>argues</u></a>, the NLRA was designed to be a "scheme of overlapping rights, obligations, and zones of self-help" that create a cohesive national labor code—one which emphasizes "private negotiation and the free play of market forces." The more that progressive locales and labor unions undercut this carefully calibrated scaffolding, the wobblier it gets, until it is eventually undermined completely.</p>
<p>Ironically, NYC's last-mile delivery bill is also being opposed by those it purports to help: The City Council hearing stretched to seven hours long as several hundred last-mile delivery workers unexpectedly showed up to <a id="m_-5541549610546324749gmail-OWAfab783f8-2fd2-26c5-57ed-bc6d65811a39" title="https://legistar.council.nyc.gov/View.ashx?M=F&amp;ID=15302370&amp;GUID=D2682623-78DE-41D2-B1EF-CF4D2D1616A8" href="https://legistar.council.nyc.gov/View.ashx?M=F&amp;ID=15302370&amp;GUID=D2682623-78DE-41D2-B1EF-CF4D2D1616A8" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://legistar.council.nyc.gov/View.ashx?M%3DF%26ID%3D15302370%26GUID%3DD2682623-78DE-41D2-B1EF-CF4D2D1616A8&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw2Wcjw-BU0GD5ry0SYgjCZr"><u>testify</u></a> against it. These workers make around <a id="m_-5541549610546324749gmail-OWA2fd73f11-dc8e-b792-6bd5-15b14e0bb73b" title="https://drive.google.com/file/d/15u0vTVYXckQJ84mXEAMXU00c6H5ehrqv/view?usp=share_link" href="https://drive.google.com/file/d/15u0vTVYXckQJ84mXEAMXU00c6H5ehrqv/view?usp=share_link" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://drive.google.com/file/d/15u0vTVYXckQJ84mXEAMXU00c6H5ehrqv/view?usp%3Dshare_link&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw29pDQkPlwy-75mZ1ZFUjl_"><u>$24 per hour</u></a> on average and have employer-funded healthcare through the subcontracted companies.</p>
<p>Amazon's last-mile subcontractors are also something else: small businesses. These 40 or so businesses <u>represent</u> a cross-section of New York City itself, with 25 percent operated by black or Hispanic owners, while another 10 percent are veteran-owned, according to <a href="https://drive.google.com/file/d/15u0vTVYXckQJ84mXEAMXU00c6H5ehrqv/view">testimony</a> from Amazon. If the legislation passes, these businesses would be destroyed.</p>
<p>Amazon has also testified that the bill's passage could eliminate an <a id="m_-5541549610546324749gmail-OWA10c0207d-5feb-7605-1930-07706f789998" title="https://www.businessinsider.com/mamdani-backs-protections-for-workers-delivering-amazon-packages-in-nyc-2026-8" href="https://www.businessinsider.com/mamdani-backs-protections-for-workers-delivering-amazon-packages-in-nyc-2026-8" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.businessinsider.com/mamdani-backs-protections-for-workers-delivering-amazon-packages-in-nyc-2026-8&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw23mjUTGbCVbOzlWHf6iXBI"><u>estimated</u></a> 5,000 jobs within the five boroughs, as the company warns it may need to relocate delivery operations outside of New York. At the very least, the effect will be to disincentivize the creation of further last-mile facilities in the city—in favor of neighboring counties or states—and further increase automation.</p>
<p>Another possibility is that New Yorkers will see yet <a title="https://progresschamber.org/insights/nyc-amazon-delivery-bill-intro-518-cost-new-yorkers/" href="https://progresschamber.org/insights/nyc-amazon-delivery-bill-intro-518-cost-new-yorkers/" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://progresschamber.org/insights/nyc-amazon-delivery-bill-intro-518-cost-new-yorkers/&amp;source=gmail&amp;ust=1787350105099000&amp;usg=AOvVaw2zcawRCxEZVjLAeZdDzhk8"><u>more</u></a> "regulatory response fees" tacked onto deliveries (or to Amazon Prime memberships), similar to Instacart's $5.99 surcharge that was introduced in response to NYC's recent minimum wage law for grocery delivery.</p>
<p>The Mamdani-backed effort to end last-mile delivery subcontracting in New York City is supposedly about safety. In reality, it will mostly serve to boost unions, eliminate jobs, and raise the cost of package delivery. It's an idea that deserves to be sent back to the warehouse.</p>
<p>The post <a href="https://reason.com/2026/08/22/this-mamdani-backed-bill-would-kill-jobs-boost-unions-and-make-deliveries-more-expensive/">This Mamdani-Backed Bill Would Kill Jobs, Boost Unions, and Make Deliveries More Expensive</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[IMAGO/ZUMA Press/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[People hold signs in favor of New York City's Delivery Protection Act]]></media:description>
		<media:title><![CDATA[delivery protection act new york]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/amazon-delivery-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/22/open-thread-304/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398431</id>
		<updated>2026-08-22T07:00:00Z</updated>
		<published>2026-08-22T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/22/open-thread-304/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/08/22/open-thread-304/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				Video of My Keynote Speech at the Annual Libertarian Futurist Society Prometheus Award Ceremony			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/video-of-my-keynote-speech-at-the-annual-libertarian-futurist-society-prometheus-award-ceremony/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398605</id>
		<updated>2026-08-21T23:57:11Z</updated>
		<published>2026-08-21T23:53:45Z</published>
			<category scheme="https://reason.com/latest/" term="Fantasy" /><category scheme="https://reason.com/latest/" term="Science Fiction" /><category scheme="https://reason.com/latest/" term="Libertarianism" />		<summary type="html"><![CDATA[The talk deals with the relationship between libertarianism and the science fiction and fantasy genres.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/video-of-my-keynote-speech-at-the-annual-libertarian-futurist-society-prometheus-award-ceremony/">
			<![CDATA[<figure class="alignnone size-medium wp-image-8398608"><img decoding="async" class="alignnone size-medium wp-image-8398608" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/LFS-Prometheus-Awards-300x300.jpg" alt="" width="300" height="300" data-credit="LFS" srcset="https://reason.com/wp-content/uploads/2026/08/LFS-Prometheus-Awards-300x300.jpg 300w, https://reason.com/wp-content/uploads/2026/08/LFS-Prometheus-Awards-1024x1024.jpg 1024w, https://reason.com/wp-content/uploads/2026/08/LFS-Prometheus-Awards-150x150.jpg 150w, https://reason.com/wp-content/uploads/2026/08/LFS-Prometheus-Awards-768x768.jpg 768w, https://reason.com/wp-content/uploads/2026/08/LFS-Prometheus-Awards-400x400.jpg 400w, https://reason.com/wp-content/uploads/2026/08/LFS-Prometheus-Awards-800x800.jpg 800w, https://reason.com/wp-content/uploads/2026/08/LFS-Prometheus-Awards-675x675.jpg 675w, https://reason.com/wp-content/uploads/2026/08/LFS-Prometheus-Awards.jpg 1161w" sizes="(max-width: 300px) 100vw, 300px" /><figcaption>LFS</figcaption></figure> <p>A few days ago, I had the honor of giving the keynote speech at the Libertarian Futurist Society's annual Prometheus Awards ceremony. My talk was on the topic of "Libertarianism and Science Fiction." It explains why libertarian ideas are much more prevalent in science fiction and fantasy than in other fiction genres, why it matters, and a few lessons libertarians may be able to draw from this. I also presented the Prometheus Hall of Fame Award to Aldous Huxley's classic work, <a href="https://www.amazon.com/dp/030735654X/ref=nosim?tag=reasonmagazinea-20"><em>Brave New World</em></a>. The award was accepted by a representative of the Huxley estate and two of the author's grandchildren.</p> <p>See <a href="https://www.lfs.org/blog/by-the-numbers-the-many-reasons-to-watch-the-46th-prometheus-awards-ceremony-this-sunday-aug-16-on-zoom-heres-the-link/">here</a> for a more detailed description of the awards and the various winners.</p> <p>I addressed the issues covered in the talk in greater detail in <a href="https://www.lfs.org/newsletter/029/04/Somin.shtml">a 2011 article</a> on "Libertarianism and Science Fiction." The talk in some ways updates the analysis; but much more can be said. When and if time allows, I would like to revisit this theme. I have previously written various other articles and book chapters about <a href="https://www.learnliberty.org/blog/7-fantasyscience-fiction-epics-that-can-inform-you-about-the-real-world-political-scene/">political themes in science fiction and fantasy</a>, most recently <a href="https://reason.com/volokh/2026/07/14/reviews-of-house-of-the-dragon-and-a-knight-of-the-seven-kingdoms/">here</a>.</p> <p>Below is the video of the awards ceremony. My talk goes from about 1:30 to 14:40.</p> <p><iframe loading="lazy" title="2026 Prometheus Award Ceremony" width="500" height="281" src="https://www.youtube.com/embed/dwacyzSIffk?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p><p>The post <a href="https://reason.com/volokh/2026/08/21/video-of-my-keynote-speech-at-the-annual-libertarian-futurist-society-prometheus-award-ceremony/">Video of My Keynote Speech at the Annual Libertarian Futurist Society Prometheus Award Ceremony</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[LFS]]></media:credit>
		<media:title><![CDATA[LFS Prometheus Awards]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/LFS-Prometheus-Awards-1161x675.jpg" width="1161" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Intern (Actually a Project Veritas Undercover Plant) in Political Organization Didn't Have "Fiduciary Duty" to Organization			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/intern-actually-a-project-veritas-undercover-plant-in-political-organization-didnt-have-fiduciary-duty-to-organization/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398599</id>
		<updated>2026-08-21T23:59:54Z</updated>
		<published>2026-08-21T21:49:33Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[An excerpt from today's long decision in Democracy Partners, LLC v. O'Keefe by D.C. Circuit Judge Karen LeCraft Henderson, joined&#8230;
The post Intern (Actually a Project Veritas Undercover Plant) in Political Organization Didn&#039;t Have &#34;Fiduciary Duty&#34; to Organization appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/intern-actually-a-project-veritas-undercover-plant-in-political-organization-didnt-have-fiduciary-duty-to-organization/">
			<![CDATA[<p>An excerpt from today's long decision in <a href="https://media.cadc.uscourts.gov/opinions/docs/2026/08/25-7080-2189338.pdf"><em>Democracy Partners, LLC v. O'Keefe</em></a> by D.C. Circuit Judge Karen LeCraft Henderson, joined by Judge Harry Edwards (read <a href="https://reason.com/volokh/2026/08/21/damages-award-stemming-from-project-veritas-project-set-aside-by-d-c-circuit/">this post</a> for more on the facts and on a separate fraud claim):</p>
<blockquote><p>Creamer [the target of a Project Veritas undercover investigation] brought those claims under the provisions of the federal and D.C. wiretapping laws that make it unlawful to secretly record a conversation with another "for the purpose of committing any crim[e] or tor[t]." The jury agreed with Creamer that Maass [a Project Veritas employee who, under false pretenses, applied for and got an internship at Cramer's Democracy Partners organization -EV] violated these provisions because she was a fiduciary of Democracy Partners and surreptitiously recorded her conversations with Democracy Partners staff in order to breach her fiduciary duty—which is a tort in D.C&hellip;.</p>
<p>A fiduciary is an agent who exercises delegated power on a principal's behalf. "[P]ower" means the actual or apparent authority to take actions that "affect the legal rights and duties" of the principal. This requirement separates the fiduciary relationship from the ordinary contractual arrangement. "[L]awyers, trust companies, realtors, or the like," are common examples of fiduciaries because the decisions they make often carry legal consequences for the other party&hellip;. Courts thus recognize that the fiduciary relationship is a "special confidential relationship" that "transcends" an arms-length business transaction.</p>
<p>In our view, no reasonable jury could find that Maass was a fiduciary of Democracy Partners because the evidence failed to show Maass was an agent with any degree of delegated power to act on Democracy Partners' behalf. To explain why, we ignore Maass's title as an unpaid intern and focus solely on "the facts of [her] relationship" with Democracy Partners—most relevantly, the "promises made, the type of services or advice given and the legitimate expectations of the parties."</p></blockquote>
<p><span id="more-8398599"></span></p>
<blockquote><p>There were no promises exchanged between Democracy Partners and Maass that gave her any power to act as Democracy Partners' agent&hellip;. Creamer offered no evidence of any written or oral employment agreement with Maass—let alone one that empowered her to take legally binding actions on behalf of Democracy Partners. Nor could a jury reasonably infer such an agreement based on "the type of services or advice" that Maass provided Democracy Partners.</p>
<p>Maass did not give Democracy Partners any "advice" because she lacked the relevant knowledge or experience. Democracy Partners knew this because the fake resume Maass provided did not list any experience beyond bartending and waitressing. As for "services" rendered, Maass performed no services typical of a fiduciary. She exercised no power of attorney, actual or apparent. She did not execute any contracts, manage corporate funds, or order the disbursement of money. The only discrete tasks that Creamer recalled asking Maass to perform—taking stock of political signs and compiling snippets of news footage from the Internet as part of Democracy Partners' "bracketing" program—required little skill or discretion, did not require Maass to handle confidential information and did not carry any legally binding consequences for Democracy Partners.</p>
<p>Creamer's principal argument, echoed by our dissenting colleague, is that Maass became Democracy Partners' fiduciary because of her passive exposure to confidential information while an intern there. Creamer emphasizes the times in which Maass accepted his invitation to sit in on closed-door business meetings, during which Democracy Partners staff and clients talked confidentially.</p>
<p>But Maass was no more than a passive observer during these discussions. Creamer did not invite Maass to these meetings so that she could offer her acumen on polling strategies or make decisions about future bracketing events—she was there to listen and learn. Creamer testified that he invited Maass to one private meeting at the DNC headquarters partly because he knew that she was already headed there for an unrelated errand. J reason, he explained, was simply to introduce her to fellow colleagues.</p>
<p>At most, Maass's presence at the meetings may have given rise to a legitimate expectation that Maass would not divulge what she saw and heard at the closed-door meetings. But an implied contractual obligation not to disclose information (Maass never signed a non-disclosure agreement) cannot elevate a party to the privileged status of a fiduciary &hellip;.</p></blockquote>
<p>Jidge Robert Wilkins dissented on this point:</p>
<blockquote><p>The Restatement [of Agency] also provides that an "adviser may be subject to a fiduciary duty of loyalty <em>even when the adviser is not acting as an agent</em>." Furthermore, the District of Columbia recognizes, as a subset of the breach of fiduciary duty, the tort of "breach of confidential relationship," which is an "unconsented, unprivileged disclosure to a third party of nonpublic information that the defendant has learned within a confidential relationship." &hellip;</p>
<p>[T]he Majority concludes that the absence of a written contract means that there were no promises "exchanged between [the Plaintiffs] and Maass" and thus no agency relationship, but the Restatement of Agency acknowledges that "the consensual aspect of agency does not mean that an enforceable contract underlies or accompanies each relation of agency. Many agents act or promise to act gratuitously."</p>
<p>The Majority also concludes that because Maass provided clerical services "requir[ing] little skill or discretion," her internship cannot provide the basis for a fiduciary relationship, she merely had "passive exposure to confidential information" and was not part of a fiduciary or confidential relationship within the meaning of District of Columbia law. To be sure, the Majority's conclusion is perfectly reasonable, but that does not mean that the jury's opposite conclusion was not also reasonable. The jury, considering the evidence in the light most favorable to the Plaintiffs, could conclude: (1) that the relationship involved an implied duty of loyalty and confidentiality; (2) that Maass understood this duty and implicitly agreed to it by not objecting when she was told she would have to sign an NDA; and (3) that the political nature of the work carried a legitimate and customary expectation of confidentiality and trust.</p>
<p>Judges, Senators, business leaders and various professionals hire interns every day, and I dare say that all of them would be surprised to learn that, as a matter of law, their interns have no enforceable fiduciary duty to preserve the confidentiality of information learned during the course of the internship. Yet, at bottom, that is what the Majority holds, because I do not see how one distinguishes the terms of Maass' internship from the terms of the thousands of others occurring across the country at this very instant&hellip;.</p></blockquote>
<p>Benjamin Barr and Stephen R. Klein represent O'Keefe and Maass.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/21/intern-actually-a-project-veritas-undercover-plant-in-political-organization-didnt-have-fiduciary-duty-to-organization/">Intern (Actually a Project Veritas Undercover Plant) in Political Organization Didn&#039;t Have &quot;Fiduciary Duty&quot; to Organization</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Damages Award Stemming from Project Veritas Project Set Aside by D.C. Circuit			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/damages-award-stemming-from-project-veritas-project-set-aside-by-d-c-circuit/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398596</id>
		<updated>2026-08-21T21:49:53Z</updated>
		<published>2026-08-21T21:41:03Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[From today's long decision in Democracy Partners, LLC v. O'Keefe by D.C. Circuit Judge Karen LeCraft Henderson, joined by Judge&#8230;
The post Damages Award Stemming from Project Veritas Project Set Aside by D.C. Circuit appeared first on Reason.com.
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					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/damages-award-stemming-from-project-veritas-project-set-aside-by-d-c-circuit/">
			<![CDATA[<p>From today's long decision in <a href="https://media.cadc.uscourts.gov/opinions/docs/2026/08/25-7080-2189338.pdf"><em>Democracy Partners, LLC v. O'Keefe</em></a> by D.C. Circuit Judge Karen LeCraft Henderson, joined by Judge Harry Edwards:</p>
<blockquote><p>James O'Keefe is the Founder and former CEO of Project Veritas, a non-profit media organization that gathers news "almost exclusively [through] undercover journalism" &hellip; [including] "open and secret audiovisual recording" &hellip;.</p>
<p>In spring 2016, Project Veritas assigned one of its investigative reporters, Christian Hartsock, to find leads on a potential story about voter fraud schemes in the Wisconsin elections. Acting undercover, Hartsock infiltrated an election-watch party at a Milwaukee bar, where he met Scott Foval, a Democratic political consultant.</p>
<p>Using a fake name and backstory, Hartsock convinced Foval that he worked for a fictitious political consultant group and that one of his clients was a "progressive philanthropist [with] a deep disdain for voter ID laws." Hartsock told Foval that he was working on a "surrogate voter scheme[]," in which his client planned to open a shell company in Wisconsin, hire out-of-state voters and illegal immigrants and issue them employer-IDs that would allow them to vote fraudulently in Wisconsin's elections.</p>
<p>Foval thought Hartsock's scheme was "brilliant" and volunteered "all this advice" on "how to pull it off." He advised Hartsock to transport fraudulent voters to polling places with rentals or auctioned-off cars and he recommended expanding operations to Michigan and Illinois. Foval also suspected that Hartsock's unnamed client (who did not, in fact, exist) was receiving advice on the voter fraud scheme from Bob Creamer, a Democratic consultant in D.C.</p></blockquote>
<p><span id="more-8398596"></span></p>
<blockquote><p>Foval claimed that he "worked with Bob Creamer one-to-one all the time" and that Creamer was "somebody who hatches these ideas to people" on an "ongoing basis." "One of the things we do," Foval told Hartsock, is "stage very authentic" protests at Republican rallying events using trained locals and "get them[] into a situation on tape &hellip; that we can use later." Hartsock secretly recorded his entire conversation with Foval.</p>
<p>After the barroom conversation with Foval, Project Veritas turned its investigation to Creamer. Posing again as the fake consultant character, Hartsock persuaded Foval to arrange a meeting between Creamer and Hartsock's fake client, a role played by Daniel Sandini—another Project Veritas reporter. According to an internal Project Veritas memo, a main goal of the meeting was to convince Creamer to advise Sandini on the fictitious voter fraud scheme. A secondary objective was to uncover more information about the staged protests at Republican rallying events.</p>
<p>Sandini met with Creamer several times in summer 2016 and secretly recorded each conversation. As Hartsock had done with Foval, Sandini fed Creamer an elaborate backstory spun of whole cloth. He introduced himself to Creamer as "Charles Roth," a real-estate millionaire and son of a wealthy Hungarian immigrant who had made his fortune in America through urban development. Guilt-ridden that his father's work had displaced minorities and immigrants, Sandini told Creamer that he wanted to use his wealth to prevent Donald Trump's election to the Presidency.</p>
<p>Believing Sandini to be an interested donor, Creamer asked him to finance several voter outreach initiatives headed by Americans United for Change (AUFC), a political consulting group and one of Creamer's clients. To maintain appearances, Sandini made a $20,000 contribution to AUFC with funds supplied by Project Veritas. He also requested Creamer's help with the surrogate voter fraud scheme in Wisconsin. Creamer politely declined.</p>
<p>Undeterred, Project Veritas took steps to infiltrate Creamer's political consulting firm, Democracy Partners. Project Veritas reporter Allison Maass was assigned to the task. Building on the Charles Roth storyline, Maass assumed the role of Roth's imaginary niece, Angela Brandt, a 20-something-year-old with a budding interest in politics. Sandini, playing the Roth role, asked Creamer if he had any work for Maass and Creamer stated he was open to hiring her as an unpaid intern at Democracy Partners' D.C. office.</p>
<p>Creamer's subsequent vetting of Maass was perfunctory. He did not ask her to produce any legal identification, a list of references or a resume. After a "modestly-lengthy" telephone interview, Creamer offered her the position. When Democracy Partners eventually asked Maass for her resume to determine what projects to assign her, Maass submitted a fake one&hellip;.</p>
<p>Maass abruptly left Democracy Partners in mid-October. Three days later, Project Veritas published the first of a three-part video series titled, "Rigging the Election." &hellip; In the video, O'Keefe claims to have uncovered a "dark money conspiracy" to instigate violence at Trump rallies and other Republican-sponsored events. The video implies that Foval, Creamer and Democracy Partners are implicated in the scheme&hellip;. [For more details see the full opinion. -EV] Several clips obtained from Maass's secret camera are also used in the video&hellip;.</p>
<p>The fallout from the release of the <em>Rigging the Election</em> video was swift. Within days of the video's publication, it was being reported "all over the news." AUFC fired Foval immediately. One of Creamer's clients, the American Federation of State, County and Municipal Employees (AFSCME), also saw the video. That same day, AFSCME terminated its consulting and services agreements with Creamer's firm, Strategic Consulting. AFSCME was also AUFC's primary donor at the time and AFSCME's then-president, Lee Saunders, served on AUFC's board. After the video's release, Saunders withdrew from the AUFC board and AFSCME revoked AUFC's funding. With the loss of AFSCME's financial support, AUFC could no longer operate and terminated its consulting agreement with Creamer.</p></blockquote>
<p>The court concluded that Project Veritas' actions were partly tortious and thus unprotected by the First Amendment:</p>
<blockquote><p>No matter how newsworthy the story, published information must always "have been lawfully acquired." And this rule does not bend for the press. Although the First Amendment does not require a journalist "to wear kid gloves," a press badge is not a license to break the law. Thus, members of the media "may not with impunity break and enter an office or dwelling to gather news." They can be held liable for breaching a promise not to publish a source's name, for recording and broadcasting copyrighted material without permission, and for intercepting and disclosing a private conversation. When generally applicable laws operate in this manner to restrict the publication of truthful, newsworthy information, they "do not offend the First Amendment simply because their enforcement against the press has incidental effects on its ability to gather and report the news."</p>
<p>Applying this principle, we agree with Creamer that the First Amendment does not protect the video segments that O'Keefe procured through Maass's fraud—namely, the portions of the video that show Maass inside Democracy Partners, speaking with Creamer and his staff. Maass obtained that footage by subterfuge and the jury found that her conduct amounted to fraud. In addition, this is not a case in which the "publisher of information has obtained [it] in a [lawful] manner &hellip; but from a source who has obtained it unlawfully." Maass infiltrated Democracy Partners on assignment from O'Keefe; just as she had no First Amendment right to gather this footage, he had no First Amendment right to publish it.</p></blockquote>
<p>But the court concluded that the damages award was likely impermissibly based in large part on Project Veritas' nontortious, constitutionally protected activity:</p>
<blockquote><p>Nonetheless, as Creamer concedes, "[m]ost of the contents of the [<em>Rigging the Election</em>] video did not even include or rely on any of Maass's recordings." The crux of the video's story came through the footage of secretly recorded conversations between Foval and undercover Project Veritas reporters.</p>
<p>And as far as we know, "no established rights [were] invaded in the process of creating" those segments. "There was no eavesdropping on a private conversation; the [Project Veritas reporters] recorded their own conversations with [Foval]." There was no trespass—all of the Foval conversations were held in public locations. There was no theft of confidential business information—everything that Foval said in these conversations, he said willingly. And although the defendants lured Foval into these meetings based on an elaborate web of lies, Creamer does not claim that conduct amounted to fraud.</p>
<p>Where does this leave us? Most of the contents of the <em>Rigging the Election</em> video, we conclude, were protected under the First Amendment given the nature of this suit and how Creamer chose to pursue it. Creamer concedes he is a limited public figure who sued for damages that, all agree, stemmed directly from O'Keefe's publication of the video. Because the vast share of the video's contents was lawfully obtained—and any injury caused by this content was to Creamer's reputation—the First Amendment prohibited Creamer from recovering damages "caused by [its] publication," unless he proved the contents were false and published with actual malice. Because Creamer has done neither, the First Amendment shields most of the video from liability and any harm its content caused falls "beyond the reach of a damages award."</p>
<p>The same is not true for the few portions of the video depicting Maass's secretly recorded conversations from within Democracy Partners. Because Maass's infiltration footage is unprotected under the First Amendment, and because O'Keefe had no constitutional right to publish it, any damages Creamer sustained because of Maass's footage were recoverable&hellip;.</p></blockquote>
<p>And because of this, the damages award had to be set aside:</p>
<blockquote><p>Because the damages were for the full value of Creamer's lost contracts with AFSCME and AUFC, the constitutional validity of the award turns on what parts of the <em>Rigging the Election</em> video caused AFSCME and AUFC to cancel their contracts with Creamer. All agree that a contributing factor in AFSCME's and AUFC's decisions was the video's scandalizing news story, as told through the constitutionally protected segments of the video. Nor do the parties dispute that a separate factor costing Creamer his contracts was the video's publication of the footage that revealed Maass's infiltration&hellip;.</p>
<p>If it is uncontested that protected speech contributed to a damages award, the First Amendment imposes a heightened standard of proof on the plaintiff to show the defendant's unprotected conduct was the proximate cause of his losses. The standard is "not satisfied by evidence that [unprotected conduct] occurred or even that [it] contributed to" the plaintiff's damages. The plaintiff must demonstrate it was the "sole[]," "pervasive," or "dominant force" behind the harm. <em>NAACP v. Claiborne Hardware Co.</em> (1982).</p>
<p>[T]he damages award cannot stand. We are unable to say that any unlawful conduct on the defendants' part was the proximate cause of Creamer's damages. In fact, the evidence showed the <em>Rigging the Election</em> video, not Maass's infiltration, was the "critical factor[]" motivating AFSCME's decision to sever its contracts with Creamer. Crucially, Scott Frey, AFSCME's government affairs director, stated a "major factor" behind the termination decision, was "the video in itself." As he put it, "the optics of the video [and] the time that it came out"—just "a few weeks before a major presidential election"—had created "a sense of scandal that [AFSCME] did not want to be associated with." And the cleanest way for AFSCME "to separate [itself] from the story unfolding around the video," Frey explained, was to fire Creamer.</p>
<p>By contrast, Frey testified that Maass's infiltration of Democracy Partners—as it was revealed in certain segments of the <em>Rigging the Election</em> video—was merely a contributing "factor" in AFSCME's decision to cut ties with Creamer. After watching the video's excerpts that showed Maass inside Democracy Partners, AFSCME was "concern[ed]" that Creamer had failed to conduct "appropriate vetting of [his] staff." But the "broader concern," Frey confirmed, was "the video in itself and &hellip; the timing" of its release.</p></blockquote>
<p>Finally, a brief excerpt from Judge Robert Wilkins' partial dissent:</p>
<blockquote><p>I agree with the Majority that<em> Claiborne Hardware </em>imposes restraints on liability for damages when the defendant's conduct involves activity protected by the First Amendment. Based on the holding of <em>Claiborne Hardware</em>, I believe that the damages award on the fraudulent misrepresentation claim must be set aside. I write separately because I believe the appropriate disposition is not to grant a judgment for the Defendants, but rather to affirm the jury's finding of liability for fraudulent misrepresentation and remit the damages award to a nominal amount. In my view, to do otherwise unnecessarily impinges on District of Columbia tort law&hellip;.</p></blockquote>
<p>See <a href="https://reason.com/volokh/2026/08/21/intern-actually-a-project-veritas-undercover-plant-in-political-organization-didnt-have-fiduciary-duty-to-organization/">this post</a> for another facet to this case.</p>
<p>Benjamin Barr and Stephen R. Klein represent O'Keefe and Maass.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/21/damages-award-stemming-from-project-veritas-project-set-aside-by-d-c-circuit/">Damages Award Stemming from Project Veritas Project Set Aside by D.C. Circuit</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Reem Ibrahim</name>
							<uri>https://reason.com/people/reem-ibrahim/</uri>
					</author>
					<title type="html"><![CDATA[
				Harry and Meghan's Security Problem Is Really a Gun-Control Problem			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/harry-and-meghans-security-problem-is-really-a-gun-control-problem/" />
		<id>https://reason.com/?p=8398565</id>
		<updated>2026-08-21T20:58:33Z</updated>
		<published>2026-08-21T20:58:33Z</published>
			<category scheme="https://reason.com/latest/" term="Gun Control" /><category scheme="https://reason.com/latest/" term="Gun Rights" /><category scheme="https://reason.com/latest/" term="Guns" /><category scheme="https://reason.com/latest/" term="British Monarchy" /><category scheme="https://reason.com/latest/" term="Europe" /><category scheme="https://reason.com/latest/" term="Firearms Law" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Security" /><category scheme="https://reason.com/latest/" term="United Kingdom" />		<summary type="html"><![CDATA[Taxpayers shouldn’t have to pay for the royal family’s security, but British law prevents them from paying for armed security themselves.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/21/harry-and-meghans-security-problem-is-really-a-gun-control-problem/">
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		<p>Prince Harry and his American wife Meghan Markle are <a href="https://www.telegraph.co.uk/royal-family/2026/08/19/exclusive-harry-and-meghan-move-back-to-britain/">reportedly</a> moving back to the United Kingdom after living in the United States for over six years. While the return has already sparked conversations about their rift with the royal family, whether their children Prince Archie and Princess Lilibet will be able to spend more time with King Charles, and the exact reasons for the move, there is one aspect of the conversation that has gone overlooked: British gun laws.</p>
<p>Their decision to return to the U.K. is certainly a surprise, especially because Prince Harry himself said that they would not be returning for security reasons.</p>
<p>"I can't see a world in which I'd be bringing my wife and children back to the U.K. at this point," Harry <a href="https://youtu.be/sZz_LUp1BNY?si=CiaBoDdCmauuXaJ8&amp;t=86">told</a> the BBC in an emotional interview last year. "Look at the risks. Look at the threat. Look at the impact. If anything was to happen to me, my wife or my father's grandchildren—if anything was to happen to them—look where the responsibility lies, you know? So there's a duty of care that has been completely thrown out the window," Harry <a href="https://youtu.be/sZz_LUp1BNY?si=bRBzYu4DEh6pq_WE&amp;t=161">told</a> the BBC.</p>
<p>Safety concerns were a central reason for Harry and Meghan's decision to leave Britain in 2020. After leaving the royal family and stepping back from official responsibilities, the couple lost their publicly funded security privileges. Harry subsequently filed a request for a judicial review of the U.K. Home Office's decision to take away their security. He even offered to pay for the security himself, so that it would not be at the expense of the taxpayer. The request was denied, prompting the family to move to the United States.</p>
<p>Their return reopens the debate about their security, and it certainly raises the question of why they cannot simply fund their own private armed security.</p>
<p>The Firearms Act 1968 <a href="https://www.legislation.gov.uk/ukpga/1968/27/pdfs/ukpga_19680027_en.pdf">subjects</a> firearms to a strict licensing regime, while most handguns are entirely prohibited. In practice, this means that legal gun access is limited. If you live in the countryside, obtaining a shotgun license is doable, and rifles and other firearms can be licensed for approved purposes, such as hunting, pest control, and target shooting. According to the most <a href="https://www.gov.uk/government/statistics/firearm-and-shotgun-certificates-april-2025-to-march-2026/firearm-and-shotgun-certificates-april-2025-to-march-2026">recent data</a>, just over half a million people in England and Wales—less than 1 percent of the population—hold a firearm or shotgun certificate.</p>
<p>One thing the government explicitly refuses to recognize as a legitimate reason for possessing a firearm is self-defense. "It has been the view of successive Governments for many years that the private possession and carriage of firearms for personal protection is likely to lead to an increase in levels of violence," <a href="https://www.gov.uk/government/publications/firearms-law-guidance-to-the-police-2012/guide-on-firearms-licensing-law-accessible-version">reads</a> the government's guide. "This principle should be maintained in the case of applications from representatives of banks and firms protecting valuables or large quantities of money, or from private security guards and bodyguards." Bizarrely, this includes pepper spray, which the Firearms Act categorizes as a weapon and entirely prohibits.</p>
<p>Britain is unusual enough in its aversion to firearms that even its police are overwhelmingly unarmed. Just 4 percent of officers in England and Wales are <a href="https://www.gov.uk/government/statistics/police-use-of-firearms-statistics-april-2025-to-march-2026/police-use-of-firearms-statistics-april-2025-to-march-2026">operationally</a> deployable firearms officers. Of course, these police officers are only deployed to deal with the most serious of crimes, such as a <a href="https://grahamlinehan.substack.com/p/i-just-got-arrested-again">comedian</a> making a joke.</p>
<p>At the heart of Harry and Meghan's woes is a dispute over a legal system which prohibits private armed security. In the U.S., private armed security is legal and is an enormous industry in itself. More than 1.28 million security guards <a href="https://www.bls.gov/news.release/ocwage.t01.htm">work across America</a> and, subject to the law, many can legally work armed. In Britain, self-defense is not a legally permitted reason to obtain a firearm, and even American FBI agents must get special permission from the government to carry.</p>
<p>There are plenty of reasons to be skeptical of Harry and Meghan's complaints about their overall treatment in Britain, but on security, they do have a reason to be concerned. Harry can hire private security, but those guards not only lack access to intelligence—British law prevents those guards from carrying the firearms that would allow them to provide comparable armed protection.</p>
<p>The question raised is bigger than the royal family. If an individual faces a credible threat and is willing to pay for highly trained, vetted private security, why should the government prevent them from doing so? Like America, Britain ought to allow the creation of a security market. The U.K. does not have to make taxpayers foot the bill for Harry and Meghan's security, but neither should it maintain a monopoly on the kind of protection they are allowed to buy.</p>
<p>The post <a href="https://reason.com/2026/08/21/harry-and-meghans-security-problem-is-really-a-gun-control-problem/">Harry and Meghan&#039;s Security Problem Is Really a Gun-Control Problem</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:description type="html"><![CDATA[Prince Harry and Meghan Markle]]></media:description>
		<media:title><![CDATA[harry + meghan]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/harry-meghan-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Autumn Billings</name>
							<uri>https://reason.com/people/autumn-billings/</uri>
					</author>
					<title type="html"><![CDATA[
				Trump Administration Plans New Facility To House 3,000 Migrant Kids. Many of Them Lack Legal Representation.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/trump-administration-plans-new-facility-to-house-3000-migrant-kids-many-of-them-lack-legal-representation/" />
		<id>https://reason.com/?p=8398570</id>
		<updated>2026-08-21T21:53:53Z</updated>
		<published>2026-08-21T20:54:35Z</published>
			<category scheme="https://reason.com/latest/" term="Border Crossings" /><category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Due Process" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Migrants" /><category scheme="https://reason.com/latest/" term="Borders" /><category scheme="https://reason.com/latest/" term="Department of Health and Human Services" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Trump's mass immigration campaign is leaving migrant children alone to navigate a complicated immigration system that was once meant to protect them.  ]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/21/trump-administration-plans-new-facility-to-house-3000-migrant-kids-many-of-them-lack-legal-representation/">
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		<p><a href="https://www.themarshallproject.org/2026/04/06/ice-kids-detention-over-6200-trump"><span style="font-weight: 400;">Over 6,200 children</span></a><span style="font-weight: 400;"> have been detained since the beginning of President Donald Trump's second term. But despite ongoing </span><a href="https://www.nytimes.com/2026/08/18/us/judge-children-immigration-detention-order.html"><span style="font-weight: 400;">legal challenges</span></a><span style="font-weight: 400;"> over the poor conditions in which detained undocumented children are held, the Trump administration is planning to build a new detention facility capable of holding </span><a href="https://www.independent.co.uk/news/world/americas/us-politics/trump-migrant-children-detention-plans-b3035247.html"><span style="font-weight: 400;">3,000</span></a><span style="font-weight: 400;"> unaccompanied migrant children.</span></p>
<p><span style="font-weight: 400;">The purpose of the </span><a href="https://sam.gov/opp/f54069e482d54d8d83ef76a20e27feb6/view"><span style="font-weight: 400;">proposed</span></a><span style="font-weight: 400;"> "Emergency Intake Facility," discussed during a virtual roundtable on Tuesday, is to respond to "surges" of unaccompanied children at the southern border, </span><a href="https://www.independent.co.uk/news/world/americas/us-politics/trump-migrant-children-detention-plans-b3035247.html"><span style="font-weight: 400;">reports</span></a> <i><span style="font-weight: 400;">The Independent</span></i><span style="font-weight: 400;">. Surrounded by an 8-foot fence and staffed by "physicians, teachers and other 'humanitarian care' providers," the facility would hold up to eight children in a room, sharing one toilet, shower, and sink, according to </span><i><span style="font-weight: 400;">The Independent</span></i><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">Although a location hasn't been selected for the detention center, "officials&hellip;appear ready to move quickly once contracts are awarded by the end of this year," according to </span><i><span style="font-weight: 400;">The Independent</span></i><span style="font-weight: 400;">.  </span></p>
<p><span style="font-weight: 400;">But when asked, a Department of Health and Human Services (HHS) spokesperson told </span><i><span style="font-weight: 400;">The Independent</span></i><span style="font-weight: 400;"> that "there are currently no immediate plans to establish such a facility," calling the virtual roundtable a "standard procedure" for the Office of Refugee Resettlement (ORR). "ORR will not wait for an influx to occur before seeking out a contractor who can meet the statutory requirements of an ORR facility," the spokesperson continued, stressing the agency must be "prepared for any possible scenario at all times." </span></p>
<p><span style="font-weight: 400;">However, the Emergency Intake Facility isn't the only reason immigration advocates believe the Trump administration is now targeting unaccompanied minor children.  </span></p>
<p><span style="font-weight: 400;">As of July 31, a long-standing federal contract expired, "effectively dismantling the nationwide network of nearly 100 legal service providers that have provided counsel to more than 20,000 unaccompanied immigrant children," </span><a href="https://acaciajustice.org/trump-administration-ends-unaccompanied-children-program-contract-with-acacias-legal-service-providers/"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to the Acacia Center for Justice, a nonprofit immigration defense firm and the </span><a href="https://www.thenation.com/article/society/trump-migrant-children-texas-immigrant-rights/"><span style="font-weight: 400;">primary</span></a><span style="font-weight: 400;"> contract holder. Although a bridge contract was offered, Acacia Center for Justice </span><a href="https://acaciajustice.org/statement-from-acacia-center-for-justice-in-response-to-trump-administrations-false-claims/"><span style="font-weight: 400;">stated</span></a><span style="font-weight: 400;"> that it declined the contract because it would have "required legal service providers to turn over confidential client information that could be used to deport the very children [the organization is] committed to protecting as a condition of payment." </span></p>
<p><span style="font-weight: 400;">Such a massive loss of legal representation is significant since the federal government is </span><a href="https://www.congress.gov/bill/110th-congress/house-bill/7311/text"><span style="font-weight: 400;">required by law</span></a><span style="font-weight: 400;"> to "ensure, to the greatest extent practicable&hellip;that all unaccompanied alien children&hellip;have counsel to represent them in legal proceedings&hellip;and protect them from mistreatment, exploitation, and trafficking." But just weeks after the contract's expiration, immigration judges are reportedly speeding through thousands of children's removal cases and giving children only three weeks or less to find attorneys, </span><a href="https://news.bloomberglaw.com/us-law-week/immigration-judges-speed-through-migrant-children-removal-cases"><span style="font-weight: 400;">reports</span></a> <i><span style="font-weight: 400;">Bloomberg Law</span></i><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">Other protections for immigrant minors have also been significantly rolled back, contributing to a deportation rate of unaccompanied migrant children three times higher than that of Trump's first term, and "more than 10,000 removal and voluntary departure orders [issued] each month for immigration minors," according to an </span><a href="https://www.propublica.org/article/unaccompanied-minors-deportations-elder-chavez"><span style="font-weight: 400;">analysis</span></a><span style="font-weight: 400;"> by </span><span style="font-weight: 400;">ProPublica</span><span style="font-weight: 400;">. </span></p>
<p><span style="font-weight: 400;">Building mass detention centers for unaccompanied and largely unrepresented minors will surely lead to even more deportations and removals. And while that is good news for proponents of Trump's mass deportation agenda, it's a plan that leaves thousands of children vulnerable to </span><a href="https://www.themarshallproject.org/2026/04/06/ice-kids-detention-over-6200-trump"><span style="font-weight: 400;">lifelong trauma</span></a><span style="font-weight: 400;"> associated with detention, and alone to navigate a complicated immigration system that was once meant to protect them.  </span></p>
<p>The post <a href="https://reason.com/2026/08/21/trump-administration-plans-new-facility-to-house-3000-migrant-kids-many-of-them-lack-legal-representation/">Trump Administration Plans New Facility To House 3,000 Migrant Kids. Many of Them Lack Legal Representation.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Photo: Feng Yu. Illustration: Fatima Ruiz/Midjourney.]]></media:credit>
		<media:title><![CDATA[DetentionCenterForKids]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Billy Binion</name>
							<uri>https://reason.com/people/billy-binion/</uri>
						<email>billy.binion@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Trump Once Promised International Students Green Cards. Now The Government Might Charge Them $100,000 To Work.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/trump-once-promised-international-students-green-cards-now-the-government-might-charge-them-100000-to-work/" />
		<id>https://reason.com/?p=8398535</id>
		<updated>2026-08-21T20:24:04Z</updated>
		<published>2026-08-21T20:24:04Z</published>
			<category scheme="https://reason.com/latest/" term="Education" /><category scheme="https://reason.com/latest/" term="Employment" /><category scheme="https://reason.com/latest/" term="H-1B visas" /><category scheme="https://reason.com/latest/" term="Higher Education" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="DHS" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Green Cards" /><category scheme="https://reason.com/latest/" term="Trump Administration" /><category scheme="https://reason.com/latest/" term="Visas" />		<summary type="html"><![CDATA[The White House is formally reviewing a proposal to add a $100,000 fee to the Optional Practical Training (OPT) program, which allows international students to work in the U.S. for up to three years after graduation.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/21/trump-once-promised-international-students-green-cards-now-the-government-might-charge-them-100000-to-work/">
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		<p>The White House is officially reviewing a proposal from the Department of Homeland Security (DHS) to impose a $100,000 fee on international students who want to work in the U.S. after graduating from American universities, government records show.</p>
<p>News of the initial proposal <a href="https://www.wsj.com/politics/policy/u-s-weighs-100-000-fee-for-foreign-students-wanting-to-work-after-graduation-d0bf43d9">first broke</a> late last month. Its <a href="https://www.reginfo.gov/public/do/eoDetails?rrid=1505717">progression to regulatory review</a>, after the DHS formally submitted to the White House on Thursday, is a signal it is closer to succeeding.</p>
<p>The fee would be attached to the Optional Practical Training (OPT) program, which currently allows international students to work in the U.S. on student visas for up to three years after graduation. It is a major source of talent, especially for employers who are hiring for jobs in advanced STEM fields.</p>
<p>President Donald Trump campaigned heavily on combatting illegal immigration. But the new proposed rule is a stark departure from another one of his positions at the time. "What I want to do and what I will do is you graduate from a college, I think you should get automatically as part of your diploma a green card to be able to stay in this country," he said in 2024 on an <a href="https://podcasts.apple.com/us/podcast/in-conversation-with-president-trump/id1502871393?i=1000659680213">episode of the <em>All-In</em> podcast</a>. "And that includes junior colleges too, anybody graduates from a college. You go there for two years or four years."</p>
<p>A $100,000 levy, meanwhile, would cripple students' ability to stay.</p>
<p>That Trump would take the opposite stance on the campaign trail makes sense. "When more international students work in the U.S. post-graduation, they don't merely fill job vacancies—they generate more economic opportunity for Americans by helping local firms grow," <a href="https://eig.org/100000-opt-fee-h-1b-abuse/">write</a> Sam Peak and Jiaxin He of the Economic Innovation Group. "In 2016, when DHS extended OPT for STEM graduates by seven months, entrepreneurship and employment opportunities quickly increased in the localities most exposed to the program." They also note that "the international students who stay command unusually high salaries among U.S. STEM degree holders," rebutting the common narrative that employers want to exploit them for subpar wages.</p>
<p>The H-1B visa program, which allows employers to hire foreign workers with specialized skills, has also drawn the Trump administration's ire, in what has been a broader strategy to tamp down on legal migration generally. The government last September <a href="https://reason.com/2025/12/07/what-would-a-100000-h-1b-fee-do/">announced</a> it would attach a $100,000 fee to those applications as well; a federal judge subsequently <a href="https://reason.com/2026/06/09/trumps-100000-h-1b-visa-fee-is-an-unconstitutional-tax-a-federal-judge-rules/">said</a> that was an unconstitutional tax. The legal battle is ongoing.</p>
<p>In attempting to institute that fee, the Trump administration said it wanted to address "systematic abuse of the program." The new proposed $100,000 fee for OPT could, ironically, exacerbate potential abuse in the H-1B program when you consider how the two interact.</p>
<p>International students are often able to make use of the H-1B program after gaining skills working in highly specialized fields. Without OPT, "international students lose the opportunity to truly showcase their value in the labor market, making employers less likely to incur the thousands of dollars in administrative and legal fees to sponsor them for the H-1B," note Peak and He. "Limiting the opportunity for recent graduates to test the labor market and enter the lottery will leave a vacuum in the H-1B program that would ultimately be filled by the infamous IT outsourcing firms."</p>
<p>Also relevant is that H-1B visa recipients are selected via lottery, which an individual can enter once a year, up to three times. In-demand international students thus have better chances of succeeding if they are able to maintain employment in the U.S. during those three years. If the Trump administration's goal is to improve the H-1B, this would not seem to be the way to do that.</p>
<p>The data are instructive on how this would work practically. Researchers <a href="https://nap.nationalacademies.org/resource/29283/BrainFreeze_Working_Paper_Clemens-Neufeld-Nice.pdf">found</a> that a one-third decline in U.S-trained foreign STEM workers would shrink gross domestic product, such that it would be equivalent to <a href="https://reason.com/2026/07/30/the-real-cost-of-turning-away-foreign-talent/">losing the entire economy</a> of South Carolina, Utah, or Wisconsin. Is that "America First"?</p>
<p>The post <a href="https://reason.com/2026/08/21/trump-once-promised-international-students-green-cards-now-the-government-might-charge-them-100000-to-work/">Trump Once Promised International Students Green Cards. Now The Government Might Charge Them $100,000 To Work.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Photo: Ewa Walicka/Konstanttin/Indy2320/Dreamstime. Illustration: Fatima Ruiz]]></media:credit>
		<media:description type="html"><![CDATA[The White House is seen behind a $100,000 price tag]]></media:description>
		<media:title><![CDATA[optional-practical-training-program-fee]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>John Ross</name>
							<uri>https://reason.com/people/john-k-ross/</uri>
						<email>jross@ij.org</email>
					</author>
					<title type="html"><![CDATA[
				Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-73/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398511</id>
		<updated>2026-08-21T16:20:55Z</updated>
		<published>2026-08-21T19:30:05Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[Rough rides, U.S. attorney vacancies, and the 26th Amendment. ]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-73/">
			<![CDATA[<p>Please enjoy the latest edition of <a href="http://ij.org/about-us/shortcircuit/" data-saferedirecturl="https://www.google.com/url?hl=en&amp;q=http://ij.org/about-us/shortcircuit/&amp;source=gmail&amp;ust=1535766719490000&amp;usg=AFQjCNEM-nqsD8DW67r50PJye6ZvnENsIg" data-mrf-link="http://ij.org/about-us/shortcircuit/">Short Circuit</a>, a weekly feature written by a bunch of people at the Institute for Justice.</p>
<p>New on the <a href="https://youtu.be/MQ_nK17yHYE">Short Circuit podcast</a>: Shooting the wrong man (tragedy) and free speech dying in the library (comedy).</p>
<ol>
<li>Under the Federal Vacancies Reform Act of 1998, a first assistant U.S. Attorney automatically becomes interim U.S. Attorney if there's a vacancy. So can the AG name someone the first assistant to a vacant U.S. Attorney position and have them automatically elevated? <a href="https://ww3.ca2.uscourts.gov/decisions/OPN/26-156_complete_opn.pdf">Second Circuit</a> (over a dissent): Joining every other court that has considered the question, no.</li>
<li>Man videorecords Waterbury, Conn. police station from public sidewalk, declines to show ID to officers. He's arrested. (Prosecution is dropped over two years later.) <a href="https://ww3.ca2.uscourts.gov/decisions/OPN/25-1104_complete_opn.pdf">Second Circuit</a>: It was dusk and he didn't answer officers' questions, so there's no 4A violation. And while it's now clearly established that recording the police is 1A protected, qualified immunity. Concurrence: He wasn't recording the police!<span id="more-8398511"></span></li>
<li>That noise you hear is not gunfire but champagne corks popping down at the 26th Amendment Center. It might be the biggest 26th Amendment news since 1971! There's now a circuit split on whether a state has "denied or abridged" the right to vote "on account of age" if it offers no-excuse absentee ballots to over-65s but not to the rest of us. The <a href="https://www.ca4.uscourts.gov/opinions/251413.P.pdf">Fourth Circuit</a> just said that's unconstitutional in a challenge to South Carolina's law while the <a href="https://law.justia.com/cases/federal/appellate-courts/ca5/20-50407/20-50407-2020-10-14.html">Fifth</a> (2020) and the <a href="https://www.courtlistener.com/opinion/9420461/barbara-tully-v-paul-okeson/">Seventh</a> (2023) said Texas's and Indiana's laws were OK. Dom Pérignon at 1 First Street next year?</li>
<li>"Sanctuary!" No, that exclamation is not from the <a href="https://www.ca4.uscourts.gov/opinions/251512.P.pdf">Fourth Circuit</a>'s ruling upholding a preliminary injunction against DHS's new policy of allowing immigration enforcement at or near houses of worship, as applied to the plaintiffs (Quaker, Sikh, and Baptist organizations). Instead, it's what Quasimodo cries out after he grabs Esmeralda and swings into the cathedral in Victor Hugo's <a href="https://www.gutenberg.org/files/2610/2610-h/2610-h.htm#link2HCH0042"><em>The Hunchback of Notre Dame</em></a>.</li>
<li>After getting 911 call (in 2017) about a Black man yelling at kids as he put them in a vehicle trunk outside an IHOP and told by dispatcher it's a possible kidnapping, Montgomery County, Md. police go to the address on file for the vehicle (which officers know has legal rear-facing trunk seats). They encounter plaintiff, a criminal law professor, on his porch, who says everything is okay and tries to go inside his home. Officers bust in, tackle him, and confirm the kids are okay. Fourth Amendment violation? <a href="https://www.ca4.uscourts.gov/opinions/251235.P.pdf">Fourth Circuit</a> (over a dissent): No.</li>
<li>Allegation: Grandmother is taken to off-the-books warehouse (the "Brave Cave") and strip searched after <a href="https://www.wafb.com/2025/02/21/i-team-botched-internal-affairs-case-ends-investigation-into-brpd-officers-linked-brave-cave/">Baton Rouge, La. officers</a> find prescription drugs in her car and refuse to let her show them her prescriptions. <a href="https://ij.org/wp-content/uploads/2026/08/Brown-v-Lawrence-dct-ruling.pdf">District court</a>: Which is clearly unconstitutional. No qualified immunity. <a href="https://www.ca5.uscourts.gov/opinions/unpub/25/25-30135.0.pdf">Fifth Circuit</a> (unpublished): To discovery this must go.</li>
<li>Allegation: In 2021, Port Lavaca, Tex. officers arrest head shop owner and employee for selling illegal edibles. (Charges are dropped after officers are "unavailable to testify due to a credibility issue.") Oops! Lab tests did indicate the presence of THC but not whether the concentration was high enough to render the products illegal, and the investigating officer was being just a tad imprecise when he swore otherwise. <a href="https://www.ca5.uscourts.gov/opinions/unpub/25/25-40206.0.pdf">Fifth Circuit</a> (per curiam, unpublished): Qualified immunity.</li>
<li><a href="https://www.austintexas.gov/police-oversight/lawsuit-documents/flores-v-city-austin-felix-perez-and-jackson-pierron-jorge">Allegation</a>: Austin, Tex. officers go ballistic on man they say grabbed a police horse's reins and then struck a second police horse, leaving the man with traumatic brain injury and spinal fractures (among other severe injuries). All charges are dropped after video doesn't show rein grabbing or horse striking. Officers: Okay, but all that force was justified solely because he tried to pull his arm free from an officer (who, per plaintiff, grabbed him unexpectedly and inexplicably.) <a href="https://www.ca5.uscourts.gov/opinions/unpub/25/25-50311.0.pdf">Fifth Circuit</a> (unpublished): To a jury this must go.</li>
<li>Sure, say Nashville officials, we've had an "indefinite hold" on your building plans since 2022 (because we might want to condemn part of your land), but you can't sue us because we haven't made a final decision about anything. <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0230p-06.pdf">Sixth Circuit</a>: Yeah, we're pretty sure saying "you can't build anything" counts as a decision.</li>
<li><a href="https://www.naacpldf.org/wp-content/uploads/Appellee-Br_FINAL-as-filed-1.pdf">Allegation</a>: Saginaw County, Mich. officers call in sick en masse ("blue flu") after an officer is fired for punching a handcuffed woman. In response, activists set up a table and chairs near police union building to engage officers in dialogue about police culture. Within minutes, officers falsely accuse them of trespassing and then tackle, tase, knee, and arrest the organizer, who'd tried to deescalate and then passively resisted cuffing. <a href="https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0360n-06.pdf">Sixth Circuit</a> (unpublished): To a jury this must go. No qualified immunity. Dissent: The officers were actually pretty patient with this guy.</li>
<li>Woman suffers massive hemorrhage, organ failure and has to have a hysterectomy after childbirth; she sues the obstetricians. United States: Surprise! The clinic gets federal funding, so the docs are federal employees, and you can't sue them. You <em>could have</em> sued the U.S., but only after exhausting administrative remedies, which you didn't do. <a href="https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&amp;Path=Y2026/D08-14/C:25-2428:J:PerCuriam:aut:T:fnOp:N:3591581:S:0">Seventh Circuit</a> (per curiam): Yup. Case dismissed. Med-mal lawyers really need to check <a href="https://data.hrsa.gov/topics/health-centers/ftca-search-tool">this database</a> of federally funded clinics before they file suit. Dissent: Per text and history, our precedent is wrong, and she ought to be able to amend her complaint.</li>
<li>Indiana prison officers give inmate a pair of rough rides; first, breaking his collarbone after leaving him unbuckled in prison van and slamming on the brakes. Then, right after a surgery, deliberately driving over bumps and laughing as he yelled out in pain. District court: Qualified immunity all around. <a href="https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&amp;Path=Y2026/D08-19/C:25-1041:J:Pryor:aut:T:fnOp:N:3594208:S:0">Seventh Circuit</a>: Actually, the first rough ride should go to a jury. Partial dissent: They both should!</li>
<li><a href="https://media.ca7.uscourts.gov/cgi-bin/OpinionsWeb/processWebInputExternal.pl?Submit=Display&amp;Path=Y2026/D08-14/C:24-2947:J:Kirsch:aut:T:fnOp:N:3591784:S:0">Seventh Circuit</a> (over a dissent): It's been clearly established since 1962 that holding a 14-year-old incommunicado for five days to force a confession out of him is unconstitutional. But <em>this</em> 14-year-old, who falsely confessed to murder in 1977, was only in custody for two days. And he got to see his dad for a few minutes. To a jury this cannot go. Denial of QI reversed.</li>
<li>Elderly, disabled Missourian attempts to apply for food benefits, but no one at state SNAP administrator's office answers the phone. She submits her application in person but is not interviewed, and her application is ultimately rejected for failure to interview—despite her calling 11 times over the course of a month, and spending hours and hours on hold, without ever being put through to an interviewer. After she files suit, she's approved for benefits. <a href="https://ecf.ca8.uscourts.gov/opndir/26/08/251987P.pdf">Eighth Circuit</a>: A due-process violation! But the district court's injunction was a bit too universal. Remanded to see if maybe giving her (and other plaintiffs) some money instead of requiring systemic changes to the program might suffice.</li>
<li>Minnesota election watchdog thinks that the state constitution forbids felons from voting until their civil rights are restored—which happens at the end of their sentence—but a state statute says felons can vote once they're no longer behind bars, even if they remain on supervised release. The watchdog wants to publicize its view but is chilled by a state law that prohibits spreading "election disinformation." A First Amendment violation? <a href="https://ecf.ca8.uscourts.gov/opndir/26/08/243094P.pdf">Eighth Circuit</a>: Very likely. Preliminary injunction granted.</li>
<li>Under the Federal Vacancies Reform Act of 1998, a first assistant U.S. Attorney automatically becomes interim U.S. Attorney if there's a vacancy. So can the AG name someone the first assistant to a vacant U.S. Attorney position and have them automatically elevated? <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/08/17/25-6475.pdf">Ninth Circuit</a>: Joining every other court that has considered the question, no.</li>
<li>Telemedicine provider QueerDoc offers puberty blockers and cross-sex hormones to its patients. The DOJ subpoenas documents from the company, allegedly to investigate potential violations of federal law. The district court quashes the subpoena, holding that it was issued for an improper purpose. <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/08/14/25-7384.pdf">Ninth Circuit</a>: Reversed. Dissent: "It is hard to imagine clearer evidence that DOJ issued the subpoena to QueerDoc in bad faith."</li>
<li>Azusa, Calif. officers beat, tase disturbed man, leaving him in a vegetative state. An eyewitness says the man wasn't threatening and laid down on his stomach just before officers started kicking him. Officers: Plaintiffs didn't timely disclose this witness. Strike his declaration! District court: No, we can just extend the discovery deadline. <a href="https://cdn.ca9.uscourts.gov/datastore/opinions/2026/08/20/24-5734.pdf">Ninth Circuit</a>: Qualified immunity lets gov't employees immediately appeal all kinds of things, but not this.</li>
<li>Hillsborough County, Fla. clerk: We gave the plaintiff plenty of notice before we forfeited his money! We mailed him letters (which were returned as undeliverable because he'd moved) and published notice (but only in a Spanish-language newspaper serving less than 0.2% of the county). What else could we have done? <a href="https://media.ca11.uscourts.gov/opinions/pub/files/202410748.pdf">Eleventh Circuit</a>: You could have sent a letter to his new address (which you had) or his email address (which you also had). Summary judgment reversed!</li>
<li>"Scratch a lover, find a foe." In which the <a href="https://media.ca11.uscourts.gov/opinions/pub/files/202410178.pdf">Eleventh Circuit</a> has occasion to relate a little <a href="https://www.newyorker.com/magazine/1993/08/16/after-the-laughs">Dorothy Parker</a> and also to note that while the fired plaintiff-officer does not deny carnal relations, he does deny "carnally relating while on duty."</li>
<li>And in en banc news, the <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111489167.pdf">Tenth Circuit</a> will not reconsider <a href="https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010111367362.pdf">its decision</a> that the only woman on Oklahoma's death row received a fair trial (for conspiring with a paramour to kill her husband) despite the prosecutor referring to her as a "slut puppy," presenting evidence of her provocative appearance and flirtatious behavior, and denigrating her parenting. Dissental: The <a href="https://supreme.justia.com/cases/federal/us/604/23-6573/">Supreme Court</a> remanded this case to consider whether her trial violated due process, and the panel turned the constitutional principle on its head.</li>
</ol>
<p>Mega-cool! Last week, Austin, Tex. officials passed a resolution to reduce regulatory permitting costs for the city's smallest businesses (&lt;20 employees)—costs that, according to a 2025 <a href="https://ij.org/activism/activism-projects/cities-work/atx/">IJ report</a>, were among the most burdensome of 20 cities we studied. "A small bookstore with four employees shouldn't have to navigate the same regulatory maze as a tech company with four hundred," said co-sponsoring Councilmember Vanessa Fuentes. "This resolution begins to change that by reducing barriers and ensuring Austin's smallest businesses aren't priced out before ever opening their doors." <a href="https://ij.org/press-release/austin-councilmember-public-interest-law-firm-applaud-austins-new-microbusiness-resolution/">Click here</a> to learn more.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>The post <a href="https://reason.com/volokh/2026/08/21/short-circuit-an-inexhaustive-weekly-compendium-of-rulings-from-the-federal-courts-of-appeal-73/">Short Circuit: An inexhaustive weekly compendium of rulings from the federal courts of appeal</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</entry>
		<entry>
					<author>
			<name>Joe Lancaster</name>
							<uri>https://reason.com/people/joe-lancaster/</uri>
						<email>joe.lancaster@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Police in Atlanta Settle Eric André Lawsuit, End Airport Drug Searches			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/police-in-atlanta-settle-eric-andre-lawsuit-end-airport-drug-searches/" />
		<id>https://reason.com/?p=8398430</id>
		<updated>2026-08-21T18:34:08Z</updated>
		<published>2026-08-21T18:35:33Z</published>
			<category scheme="https://reason.com/latest/" term="Airports" /><category scheme="https://reason.com/latest/" term="Drugs" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Travel" /><category scheme="https://reason.com/latest/" term="War on Drugs" /><category scheme="https://reason.com/latest/" term="Atlanta" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Georgia" /><category scheme="https://reason.com/latest/" term="Security" />		<summary type="html"><![CDATA[While the settlement is a good thing, it's unfortunately still the case that at airports, the Bill of Rights is more of a list of suggestions.]]></summary>
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										alt="Eric André, the Bill of Rights, and a plane taking off from an airport. | Efren Landaos/Sipa USA/Newscom/Maria Dryfhout/Dreamstime. Illustration: Fatima Ruiz/Midjourney"
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		<p>This week, a county police department in Atlanta settled a lawsuit brought by two comedians who were stopped and searched in the city's airport. As part of the settlement, police will no longer conduct such searches.</p>
<p>Unfortunately, airports still occupy a legal gray area where the Bill of Rights is more like a list of suggestions.</p>
<p>"I was just racially profiled by two plain clothes Atlanta PD police in @Delta terminal T3 at the Atlanta airport," comedian Eric André <a href="https://x.com/ericandre/status/1384943592712585219?s=20">tweeted</a> in April 2021. "<span class="css-1jxf684 r-bcqeeo r-1ttztb7 r-qvutc0 r-poiln3">They stopped me on the way down the bridge to the plane for a 'random' search and asked [if] they could search me for drugs.</span>" Atlanta-based comedian Clayton English later reached out to André and said he had been subjected to the same thing months earlier.</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr"><a href="https://x.com/Atlanta_Police?ref_src=twsrc%5Etfw">@Atlanta_Police</a> "I was just racially profiled by two plain clothes Atlanta PD police  in <a href="https://x.com/Delta?ref_src=twsrc%5Etfw">@Delta</a> terminal T3 at the Atlanta airport. They stopped me on the way down the bridge to the plane for a "random" search and asked they could search me for drugs.  I told them no. Be careful.</p>
<p>&mdash; Eric Andre (@ericandre) <a href="https://x.com/ericandre/status/1384943592712585219?ref_src=twsrc%5Etfw">April 21, 2021</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>As André and English later elaborated in a <a href="https://static1.squarespace.com/static/58a33e881b631bc60d4f8b31/t/63fceb2c1db97f7667edffeb/1677519661020/Andre-English+Amended+Complaint.pdf">lawsuit</a>, the stops were part of the "jet bridge interdiction program" at Hartsfield-Jackson Atlanta International Airport, the world's <a href="https://www.oag.com/busiest-airports-world">busiest</a>. According to the lawsuit, jet bridge interdictions involve officers from the Clayton County Police Department (CCPD) "waiting in jet bridges—the narrow tunnels that connect airplanes to airport gates—to selectively intercept passengers, take their boarding passes and identifications, interrogate them before they board their flights, and search their carry-on luggage, all in the name of combatting drug trafficking."</p>
<p>CCPD claims the stops are "consensual," which both men <a href="https://reason.com/2022/10/12/comedians-sue-atlanta-police-for-racial-profiling-over-airport-searches/">disputed</a>. "When two cops stop you, you don't feel like you have the right to leave, especially when they start interrogating you about drugs," André said at an October 2022 press conference when announcing the lawsuit. English added that he felt "completely powerless" during his own stop.</p>
<p>Not only was the jet bridge interdiction program dehumanizing and unconstitutionally broad, but André and English—both of whom are black—said it was racially targeted: During the eight-month period in which they were stopped, "CCPD conducted 378 passenger interdictions in jet bridges where department records list the race of the passenger stopped," the lawsuit noted. "Of those, 56% of stopped passengers were Black," even though "only 8% of American airline passengers are Black."</p>
<p>Even on its face, the program seems particularly ineffectual: After all, targeted passengers have already gone through federally mandated security checkpoints.</p>
<p>In fact, as the lawsuit explained, jet bridge searches only found drugs in three out of 402 stops, and of those, only two resulted in charges.</p>
<p>On the other hand, the program was quite successful at seizing cash from unsuspecting passengers.</p>
<p>"Over the 8-month period in question," per the lawsuit, "the program seized $1,036,890.35 in cash and money orders via 25 civil asset forfeitures (with the seized amount of cash and money orders in each individual case ranging from $10,000 to $118,880). Yet, of the 25 passengers who had cash seized, 24 were allowed to continue on their travels, often on the same flight, and only two were ever charged with any related crime."</p>
<p>This, unfortunately, is not unique to Atlanta: Civil asset forfeiture <a href="https://reason.com/2024/09/18/a-movie-mirrors-the-stranger-than-fiction-reality-of-civil-asset-forfeiture/">allows</a> law enforcement agencies across the country to seize large amounts of cash they find in people's possession, under the theory that it must have been involved in illicit activity. The owners must then go to court to prove a negative: that the money was not gained illegally. The practice <a href="https://ij.org/report/policing-for-profit-4/grading-civil-forfeiture-laws/recent-reforms-and-overall-grades/">varies</a> by state, but most states have few if any protections against abuse.</p>
<p>Last year, the Drug Enforcement Administration <a href="https://reason.com/2025/01/16/dea-ends-airport-gate-searches-after-years-of-documented-abuses-of-civil-asset-forfeiture/">ended</a> its airport interdiction program after years of lawsuits and allegations of constitutional violations. This week, Clayton County announced it would do the same.</p>
<p>"For the first time, the Clayton County Police Department has publicly confirmed that it has ended the airport interdiction program at the center of the lawsuit," according to a <a href="https://www.policingproject.org/eric-andre-and-clayton-english-reach-landmark-settlement">press release</a> from the Policing Project at the New York University School of Law, which was part of the plaintiffs' legal team. "As part of the settlement, the County has also agreed to require all Clayton County Police Department officers assigned to the airport to wear body-worn cameras and to receive training on the constitutional limits governing police encounters in airports."</p>
<p>The county also <a href="https://apnews.com/article/andre-english-atlanta-airport-search-lawsuit-settlement-df4d97c6903323c724a4e72af32df480">agreed</a> to pay each comedian $15,000.</p>
<p>While the end of the program is certainly a positive development for travelers, it unfortunately remains the case that constitutional rights do not apply as consistently at airports and border crossings as they do anywhere else.</p>
<p>Though the <a href="https://constitution.congress.gov/constitution/amendment-4/">Fourth Amendment</a> protects against "unreasonable searches and seizures," airport security officials are allowed to conduct "administrative searches" akin to DUI checkpoints or metal detectors. "None of these searches requires either probable cause or a search warrant," University of Michigan Law School professor Eve Brensike Primus <a href="https://repository.law.umich.edu/facarticles/1436/">wrote in 2012</a>. "Instead, courts evaluating administrative searches need only balance the government's interest in conducting the search against the degree of intrusion on the affected individual's privacy to determine whether the search is reasonable. This reasonableness balancing is very deferential to the government, and the resulting searches are almost always deemed reasonable. As a result, the administrative search exception functions as an enormously broad license for the government to conduct searches free from constitutional limitation."</p>
<p>Even where the Fourth Amendment does apply, government officials often just act like it doesn't, hence the notion of "consensual" searches.</p>
<p>"For too long, federal law enforcement has managed to expand the ever-growing security theater at airports, all while relying on 'voluntary' behavior," Matthew Feeney, then of the Cato Institute, <a href="https://www.cato.org/commentary/dont-check-bill-rights-airport">wrote in 2017</a>. "Passengers are not required to go through the body scanner machines at airport security, but you may not have noticed the signs telling travelers that they are free to opt out of the scan. In the post 9/11 world, million of passengers now consider it normal to step into a body scanner in order to get onto a domestic flight. This isn't because of a law requiring that passengers go through the scanners. Rather, it's because enough people go through them without question."</p>
<p>Just this week, <em>Reason</em>'s Matthew Petti <a href="https://reason.com/2026/08/20/border-cops-detained-me-for-hours-without-explanation-they-wont-tell-me-why/">wrote about</a> his experience reentering the United States, when border authorities detained him for four hours and declined to let him contact an attorney when he asked. "Crossing the U.S. border is the closest most Americans will come to experiencing life under the foreign dictatorships I report on," he wrote.</p>
<p>The post <a href="https://reason.com/2026/08/21/police-in-atlanta-settle-eric-andre-lawsuit-end-airport-drug-searches/">Police in Atlanta Settle Eric André Lawsuit, End Airport Drug Searches</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Efren Landaos/Sipa USA/Newscom/Maria Dryfhout/Dreamstime. Illustration: Fatima Ruiz/Midjourney]]></media:credit>
		<media:description type="html"><![CDATA[Eric André, the Bill of Rights, and a plane taking off from an airport.]]></media:description>
		<media:title><![CDATA[eric-andre-plane-bill-of-rights]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Jeff Luse</name>
							<uri>https://reason.com/people/jeff-luse/</uri>
						<email>jeff.luse@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Utah Needs More Housing. The Army Corps Shut Down 265 New Homes Because of a Small Ditch.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/utah-needs-more-housing-the-army-corps-shut-down-265-new-homes-because-of-a-small-ditch/" />
		<id>https://reason.com/?p=8398517</id>
		<updated>2026-08-21T21:54:37Z</updated>
		<published>2026-08-21T17:20:00Z</published>
			<category scheme="https://reason.com/latest/" term="Deregulation" /><category scheme="https://reason.com/latest/" term="Energy &amp; Environment" /><category scheme="https://reason.com/latest/" term="Family home" /><category scheme="https://reason.com/latest/" term="Lawsuits" /><category scheme="https://reason.com/latest/" term="Clean Water Act" /><category scheme="https://reason.com/latest/" term="Environmental Protection Agency" /><category scheme="https://reason.com/latest/" term="Regulation" /><category scheme="https://reason.com/latest/" term="Supreme Court" /><category scheme="https://reason.com/latest/" term="Utah" />		<summary type="html"><![CDATA[Despite the Supreme Court's best efforts to rein them in, federal regulators continue to abuse their authority under the Clean Water Act.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/21/utah-needs-more-housing-the-army-corps-shut-down-265-new-homes-because-of-a-small-ditch/">
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										alt="Utah housing | Jason Finn/Dreamstime"
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		</div>
		<p><span style="font-weight: 400;">Like many states, Utah has a housing shortage. According to the governor's office, Utah will </span><a href="https://static1.squarespace.com/static/5c059ead36099b1445c1d246/t/68f11343a73090123fec8a94/1760629571760/GOEO+Housing+Capacity+Report+FINAL.pdf"><span style="font-weight: 400;">need to build</span></a><span style="font-weight: 400;"> 840,000 new homes by 2055 to keep up with demand. The recent plights of two developers at the hands of the federal government show just how hard it will be to reach that goal. </span></p> <p><span style="font-weight: 400;">About 20 years ago, Lew Swain and Brent Bailey bought an undeveloped parcel of land just outside of Willard, Utah, about an hour north of Salt Lake City. The pair gradually purchased more land around the parcel, eventually amassing 142 continuous acres that they hoped to turn into a 265-home subdivision. </span></p> <p><span style="font-weight: 400;">Willard was also keen to see housing built on the property. It gave its blessing for construction to begin, provided that Swain and Bailey pay to upgrade part of the city's water and sewage infrastructure. The two agreed, paying $650,000 to drill a well that would provide water to the subdivision and city through a water line and storage tank they had designed. The developers also poured half a million dollars into engineering, water development, and other studies that were needed to get the project permitted. </span></p> <p><span style="font-weight: 400;">However, before they could break ground, federal regulators shut down development with an oft-cited and oft-weaponized regulation: the Clean Water Act (CWA). </span></p> <p><span style="font-weight: 400;">The CWA gives federal agencies—in this instance the Army Corps of Engineers—the authority </span><a href="https://www.epa.gov/laws-regulations/summary-clean-water-act"><span style="font-weight: 400;">to regulate</span></a><span style="font-weight: 400;"> discharges of pollutants from point sources into "navigable waters." In the case of the Swain and Bailey property, the Army Corps determined that construction would disturb and pollute the Great Salt Lake—the nearest "navigable water," which lies about nine miles to the west. </span></p> <p><span style="font-weight: 400;">Now, with the help of the Pacific Legal Foundation (PLF), the developers </span><a href="https://pacificlegal.org/wp-content/uploads/2026/07/Willard-Land-LLC-v.-U.S.-Army-Corps-of-Engineers-Complaint-8.11.26.pdf"><span style="font-weight: 400;">are suing the Corps</span></a><span style="font-weight: 400;"> in federal court, arguing that it overstepped its authority. </span></p> <p><span style="font-weight: 400;">Since its passage in 1972, the CWA has been a source of contention between regulators—who have tried to expand their authority under the law—and property owners. The Supreme Court has reigned in regulators several times, most recently in </span><a href="https://www.supremecourt.gov/opinions/22pdf/21-454_4g15.pdf"><i><span style="font-weight: 400;">Sackett v. EPA</span></i><span style="font-weight: 400;"> (2023)</span></a><span style="font-weight: 400;">. In this case, the Court ruled that "navigable waters" under the CWA only included "those relatively permanent, </span><span style="font-weight: 400;">standing or continuously flowing bodies of water," which could be normally described as </span><span style="font-weight: 400;">"streams, oceans, rivers, and lakes." The Court also determined that wetlands could only be regulated under the CWA if they were "indistinguishable" from navigable water and had a continuous surface connection with these waters. This is important for understanding what happens next. </span></p> <p><span style="font-weight: 400;">Per the agreement with the city, Swain and Bailey had to place their water and sewer lines on the northwest portion of their property, near a small irrigation ditch and 2.74 acres of wetlands. While the developers "carefully conceived [the lines] to avoid disturbing" the ditch and wetland, "some minor disturbance is unavoidable," </span><a href="https://pacificlegal.org/wp-content/uploads/2026/07/Willard-Land-LLC-v.-U.S.-Army-Corps-of-Engineers-Complaint-8.11.26.pdf"><span style="font-weight: 400;">according</span></a><span style="font-weight: 400;"> to the suit. Knowing that violating the CWA, even unintentionally, can lead to steep fines or imprisonment, the developers contacted the Army Corps to ensure that the property was not in violation of the law before moving forward. </span></p> <p><span style="font-weight: 400;">The Corps happily obliged. Using generous cartography, it created a map that connected this small ditch to the Great Salt Lake, the nearest navigable water. </span><span style="font-weight: 400;">The connection between the two, according to the Army Corps, looks something like this: Water leaves the irrigation ditch and connects with another unnamed ditch. From there, the water flows north, then west under Interstate 15. Then through a series of twists, turns, and an underground siphon that "artificially pipes water upgradient," water eventually arrives in the Willard Bay, a navigable part of the Great Salt Lake.  </span></p> <figure class="alignnone size-large wp-image-8398521"><img decoding="async" class="alignnone size-large wp-image-8398521" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Screenshot-2026-08-21-at-12.21.55-PM-1024x780.png" alt="" width="1024" height="780" data-credit="U.S. Army Corps of Engineers" srcset="https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-12.21.55-PM-1024x780.png 1024w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-12.21.55-PM-300x228.png 300w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-12.21.55-PM-768x585.png 768w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-12.21.55-PM-1536x1170.png 1536w, https://reason.com/wp-content/uploads/2026/08/Screenshot-2026-08-21-at-12.21.55-PM.png 1778w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption>U.S. Army Corps of Engineers</figcaption></figure> <p><span style="font-weight: 400;">As the lawsuit </span><a href="https://pacificlegal.org/wp-content/uploads/2026/07/Willard-Land-LLC-v.-U.S.-Army-Corps-of-Engineers-Complaint-8.11.26.pdf"><span style="font-weight: 400;">points out</span></a><span style="font-weight: 400;">, "any single molecule of water originating" in the ditch "must travel 46,909 feet (approximately 8.9 miles)—if it ever even reaches Willard Bay via the tortuous pathway identified by the Corps." </span></p> <p><span style="font-weight: 400;">The Corps also determined that since the ditch occasionally overflowed into the wetlands on the Swain property, the wetlands were "indistinguishable" and thus regulable under the CWA. This put the developers in violation of the law. The project was halted altogether in April when the Corps withdrew the developers' CWA permit, three years after the pair had initially contacted the agency. </span></p> <p><span style="font-weight: 400;">Swain and Bailey "have unfortunately&hellip;found themselves sort of caught up in a broader national issue, that being the United States Army Corps of Engineers' steadfast resistance to the Supreme Court's decision in</span><i><span style="font-weight: 400;"> Sackett v. EPA </span></i><span style="font-weight: 400;">and more broadly, its steadfast resistance to any limitation upon its Clean Water Act authority,</span><span style="font-weight: 400;">" Charles Yates, a PLF lawyer who was also a member of the </span><i><span style="font-weight: 400;">Sackett </span></i><span style="font-weight: 400;">litigation team, tells </span><i><span style="font-weight: 400;">Reason</span></i><span style="font-weight: 400;">. </span></p> <p><span style="font-weight: 400;">As Yates describes it, the "spirit of the </span><i><span style="font-weight: 400;">Sackett</span></i><span style="font-weight: 400;"> decision" was to rein in agencies that had been using the CWA to "contrive some massive connection" to regulate private property. "The entire point of </span><i><span style="font-weight: 400;">Sackett</span></i><span style="font-weight: 400;"> was to make things simpler for landowners." </span></p> <p><span style="font-weight: 400;">However, just because the Supreme Court has issued a decision doesn't mean that federal regulators are following it. In the three years since </span><i><span style="font-weight: 400;">Sackett</span></i><span style="font-weight: 400;">, the Army Corps and the Environmental Protection Agency have regularly overstepped their authority under the CWA, which the PLF and other public interest law firms have </span><a href="https://pacificlegal.org/case/clean-water-act-sackett-epa-scotus/"><span style="font-weight: 400;">successfully challenged</span></a><span style="font-weight: 400;">. </span></p> <p><span style="font-weight: 400;">The Trump administration has attempted to rein agencies in with rulemakings. But without buy-in from the regional offices "where we're seeing this obvious attempt to circumvent the </span><i><span style="font-weight: 400;">Sackett</span></i><span style="font-weight: 400;"> decision," these regulations probably won't have much of an impact, says Yates.</span></p> <p><span style="font-weight: 400;">If that's true—and if bureaucrats can use a small ditch to shut down a major housing project—then it's probably time for the lawmakers to stop trying to use rules to rein in these agencies. Instead, they might want to start scrapping the agencies altogether. </span></p><p>The post <a href="https://reason.com/2026/08/21/utah-needs-more-housing-the-army-corps-shut-down-265-new-homes-because-of-a-small-ditch/">Utah Needs More Housing. The Army Corps Shut Down 265 New Homes Because of a Small Ditch.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Jason Finn/Dreamstime]]></media:credit>
		<media:description type="html"><![CDATA[Utah housing]]></media:description>
		<media:title><![CDATA[Utah_Housing-8-20]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Utah_Housing-8-20-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				How to Alienate a Judge, Part 374			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/how-to-alienate-a-judge-part-374/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398545</id>
		<updated>2026-08-21T17:17:14Z</updated>
		<published>2026-08-21T17:17:14Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Procedure" />		<summary type="html"><![CDATA["Defense counsel ... seemingly cannot read the room when the Court's response was to summarily deny Defendant's previously filed request ...."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/how-to-alienate-a-judge-part-374/">
			<![CDATA[<p>From Judge Terry Moorer (S.D. Ala.) today in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.alsd.76255/gov.uscourts.alsd.76255.67.0.pdf">Doe v. Goff</a></em>:</p>
<blockquote><p>Pending before the Court is the <em>Motion for Ruling on Plaintiff's Motion for Leave to Amend Complaint and Motion to Dismiss Defendant's Counterclaims </em>in which Defendant Kelly Goff &hellip; motions the Court to expedite a ruling for Plaintiff Jane Doe's Motion to Dismiss Counterclaim and Motion for Leave to Amend Complaint. Defendant states Plaintiff's motions have been under submission with the Court for more than four and one-half months, along with his motion for summary judgment, discovery closes on August 31, 2026, dispositive motions are due by September 25, 2026, and a settlement conference is scheduled before the Magistrate Judge on September 1, 2026.</p>
<p>Defense counsel previously contacted chambers by telephone to push for a resolution of his motion for summary judgment and seemingly cannot read the room when the Court's response was to summarily deny Defendant's previously filed request for the Court to expedite a ruling on his motion for summary judgment. Plainly stated, this is not the only case on this Court's docket and Defendant does not get to line jump in front of other pending motions simply because he demands it. It is for the Court to determine the priorities of its docket not the Defendant. Put simply, criminal cases come first followed by civil cases that are older or have a statewide impact. Additionally, the reasoning provided by the Defendant—incurring attorney's fees—is true for all parties involved in litigation.</p>
<p>The Court has inherent power to control the disposition of pending matters in the manner and timing as it deems appropriate.</p>
<p>The motion for ruling is GRANTED. The adage of "be careful what you wish for" may apply in that Defendant may find the reality does not live up to his desire. The Court issues this short summary order to provide the answer to the request and the motions but will issue a more detailed opinion with its full reasoning at a later stage. It is ORDERED that both Plaintiff's motions are GRANTED.</p></blockquote>
<p><span id="more-8398545"></span></p>
<blockquote><p>Plaintiff's motion to dismiss counterclaim requests dismissal of Defendant's counterclaims for breach of contract and unjust enrichment, as they are state law claims that [are] unrelated to Plaintiff's federal claim and [are] not supported by an independent jurisdictional basis. Therefore, Defendant's breach-of-contract and unjust enrichment counterclaims are DISMISSED without prejudice for lack of jurisdiction.</p>
<p>Plaintiff's motion to amend seeks to add to her complaint a count for the tort of outrage, a state-law claim that is directly related to her federal claim and for which the Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367. Fed. R. Civ. P 15(a)(2) states "The court should freely give leave when justice so requires." The motion was timely filed under the scheduling order, and the sole objection Defendant makes is that he wants his summary judgment ruled upon first. That is insufficient reasoning especially when the summary judgment motion was filed so early in the process. Plaintiff is ORDERED to separately file her Second Amended Complaint no later than August 31, 2026.</p>
<p>The Court declines to delve into the Defendant's motion for summary judgment. Despite the lack of response, that does not inherently mean that "Defendant wins." "Summary judgment is not automatically granted by virtue of a non-movant's silence." "Even in an unopposed motion [for summary judgment], &hellip; the movant is not absolve[d] &hellip; of the burden of showing that it is entitled to judgment as a matter of law."</p>
<p>While it is possible that Defendant's legal assertions may be correct and summary judgment might be due, it is not a simple question and seemingly an issue of first impression for the Courts. Additionally, resolution of the federal question does not mean that the state law claim is also resolved—as the Court could continue to exercise supplemental jurisdiction or decline supplemental jurisdiction under which Alabama courts could resolve all the claims between the parties. Additionally, the Court notes evidentiary issues that the picture submitted is seemingly a photo of a photo on a screen—therefore there may be authenticity questions.</p>
<p>The Court does have concerns that Plaintiff has failed to cooperate in discovery and failed to respond to the motion in accordance with the default schedule provided in the local rules. But those are all issues the Court can address when it takes up the summary judgment motion—which is not today.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/21/how-to-alienate-a-judge-part-374/">How to Alienate a Judge, Part 374</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Hoover Institution (@HooverInst) Videos, Podcasts, and More, Now at Hoover+			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/hoover-institution-hooverinst-videos-podcasts-and-more-now-at-hoover/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398397</id>
		<updated>2026-08-21T00:32:14Z</updated>
		<published>2026-08-21T16:29:42Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[Check them out, at http://hoover.org/plus; first-rate stuff over there.
The post Hoover Institution (@HooverInst) Videos, Podcasts, and More, Now at Hoover+ appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/hoover-institution-hooverinst-videos-podcasts-and-more-now-at-hoover/">
			<![CDATA[<p>Check them out, at <a href="https://www.hoover.org/plus">http://hoover.org/plus</a>; first-rate stuff over there.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/21/hoover-institution-hooverinst-videos-podcasts-and-more-now-at-hoover/">Hoover Institution (@HooverInst) Videos, Podcasts, and More, Now at Hoover+</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Billy Binion</name>
							<uri>https://reason.com/people/billy-binion/</uri>
						<email>billy.binion@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				The U.S. Is Sending Deportees to Countries They've Never Called Home			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/the-u-s-is-sending-deportees-to-countries-theyve-never-called-home/" />
		<id>https://reason.com/?p=8398236</id>
		<updated>2026-08-21T19:49:14Z</updated>
		<published>2026-08-21T16:15:25Z</published>
			<category scheme="https://reason.com/latest/" term="Deportation" /><category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Migrants" /><category scheme="https://reason.com/latest/" term="Africa" /><category scheme="https://reason.com/latest/" term="Central America" /><category scheme="https://reason.com/latest/" term="ICE" /><category scheme="https://reason.com/latest/" term="Mexico" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[The Trump administration is using so-called "third-country deportations" both punitively and to expel migrants who have been granted protection from their home countries.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/21/the-u-s-is-sending-deportees-to-countries-theyve-never-called-home/">
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		<p>The second Trump administration has made widespread use of deporting migrants to places other than their home countries. A recent report shows how it is expanding the approach.</p>
<p>The federal government has been deporting Mexican nationals to Guatemala and Honduras, CBS News <a href="https://www.cbsnews.com/news/us-deportations-mexican-migrants-guatemala-honduras/">reported</a> Tuesday, even though Mexico is willing to accept its own citizens. "The Government of Mexico accepts the return of all its nationals. It therefore rejects the deportation of Mexican nationals to third countries and has no such agreement in place," the foreign ministry said in a statement. "Mexico consistently takes the steps necessary to ensure the safe and dignified return of all its nationals to national territory."</p>
<p>Guatemala <a href="https://www.reuters.com/world/americas/guatemala-says-2300-mexicans-deported-us-entered-2026-2026-08-20/">confirmed</a> that it had received about 2,300 Mexican nationals this year. "They are arriving in planes of Guatemalan returnees," said President Bernardo Arévalo, "and what we have done is ​process them as in transit, in coordination with the Mexican immigration authorities."</p>
<p>The tactic, two anonymous officials from the Department of Homeland Security told CBS, is meant to deter illegal immigration from Mexico by putting more distance between deportees and the U.S.-Mexico border.</p>
<p>It is questionable how effective the approach is when considering how it has worked in practice. Those migrants stayed for less than a day before they were sent back to Mexico, Arévalo said in that same interview, and the costs were covered by the U.S. or Mexican governments.</p>
<p>Third-country deportations are typically reserved for two scenarios: when courts determine someone cannot be deported to their home country because they would likely face violence or persecution there, or when the home country has tense relations with the U.S.—see: Iran, Cuba, etc.—and declines to accept deportees.</p>
<p>Yet these deportation stories continue to pile up. In April, for example, the government transported a group of 15 South American migrants—who <a href="https://www.thirdcountrydeportationwatch.org/democratic-republic-of-the-congo">had been granted humanitarian protections</a> in the United States—to the Democratic Republic of the Congo (DRC), where there is currently an outbreak of Ebola. The U.S. Department of State <a href="https://www.state.gov/reports/country-reports-on-terrorism-2022/democratic-republic-of-the-congo">noted</a> in a 2022 report that "more than a dozen significant armed groups and about 100 criminal gangs and local militias," including a regional ISIS affiliate, are active in the country. One Colombian woman, who <a href="https://www.reuters.com/world/americas/colombian-sent-us-congo-says-she-faces-pressure-risk-danger-back-home-2026-04-22/">spoke with Reuters</a>, had been granted withholding of removal to Colombia after a judge ruled she was likely to face torture there. She was instead sent to DRC, where conditions are so hostile that she said the group had no viable long-term option and felt "pressured to agree to go back to our country, regardless of the risks."</p>
<p>That process, whereby a third-country deportation is a step to sending a migrant back to a country they had been granted legal protection from, is known as "<a href="https://www.rescue.org/article/third-country-removals-explained">chain refoulement</a>."</p>
<p>The Trump administration has agreements with a slew of third countries. Several groups of migrants, for instance, have been deported to Equatorial Guinea, a country that is run by a dictator and has no meaningful human rights. The country <a href="https://freedomhouse.org/country/equatorial-guinea/freedom-world/2025">scored a 5 out of 100</a> on Freedom House's Freedom in the World 2025 report. This places it just above North Korea. Deportees are locked in the Bamy Hotel, which is owned by President Teodoro Obiang Nguema Mbasogo's family, and have often been <a href="https://www.washingtonpost.com/world/2026/05/28/asylum-seekers-deported-africa/807b8c22-5a53-11f1-8a9d-afb1148204e1_story.html">sent back to the home countries</a> they had been granted protection from.</p>
<p>Ahmed Soliman was one such deportee whom the government put on a flight to Equatorial Guinea in April. The 30-year-old moved to the United States at 4 years old when his family fled Egypt; his father had attracted the ire of the government there for criticizing then-President Hosni Mubarak's regime, <a href="https://tucson.com/news/local/border/article_c92af28c-a8f2-4795-abd3-e72e0f94c24e.html">per Soliman's petition</a> for protection from removal to that country. He has not lived in Egypt since and does not speak the language.</p>
<p>After spending two years in prison in connection with charges stemming from a fentanyl addiction, he was placed in Immigration and Customs Enforcement custody. A U.S. judge had granted him protection from deportation to Egypt. So he was instead sent to Equatorial Guinea, where several deportees being held at the Bamy Hotel were recently assaulted by guards, <a href="https://tucson.com/news/local/border/article_4d6d17da-28e2-49b9-87a6-7f99349e9a37.html">according to reporting by the<em> Arizona Daily Star</em></a>.</p>
<p>Like many people in his position, Soliman may end up back in Egypt anyway, despite having been granted protection from going there and having spent nearly his entire life in the United States.</p>
<p>The post <a href="https://reason.com/2026/08/21/the-u-s-is-sending-deportees-to-countries-theyve-never-called-home/">The U.S. Is Sending Deportees to Countries They&#039;ve Never Called Home</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: Fatima Ruiz/Midjourney.]]></media:credit>
		<media:description type="html"><![CDATA[Donald Trump with immigrants seen walking on his arm and up his tie]]></media:description>
		<media:title><![CDATA[third-country-deportations]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/third-country-deportations-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Exorcist Files vs. Jesus 911 Libel Suit Can Go Forward			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/exorcist-files-vs-jesus-911-libel-suit-can-go-forward/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398513</id>
		<updated>2026-08-21T16:10:59Z</updated>
		<published>2026-08-21T16:10:59Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" /><category scheme="https://reason.com/latest/" term="Religion and the Law" />		<summary type="html"><![CDATA[From Martins v. Romero, decided today by Judge Kay Behm (E.D. Mich.) (for more on the Complaint, see this post):&#8230;
The post Exorcist Files vs. Jesus 911 Libel Suit Can Go Forward appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/exorcist-files-vs-jesus-911-libel-suit-can-go-forward/">
			<![CDATA[<p>From <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.mied.390058/gov.uscourts.mied.390058.15.0.pdf">Martins v. Romero</a></em>, decided today by Judge Kay Behm (E.D. Mich.) (for more on the Complaint, see <a href="https://reason.com/volokh/2025/11/24/exorcist-files-vs-jesus-911-libel-suit/">this post</a>):</p>
<blockquote><p>According to the Complaint, Fr. Martins is a well-known priest of the Catholic Church and has built a large social media following due to his work as an exorcist. The Exorcist Files is a podcast co-created and co-hosted by Ryan Bethea and Fr. Martins. As co-host of The Exorcist Files, Fr. Martins recounts many years' worth of real-life stories where Fr. Martins has helped "set people free all over the world." Due to the popularity of the podcast, Fr. Martins published a book, also titled The Exorcist Files, on November 19, 2024.</p>
<p>The Complaint explains that certain priests are authorized to perform the exorcism ritual either by "mandate," where their ministry is limited to a single diocese, or "<em>ad actum</em>," where the priest is permitted to officiate this ritual in any diocese, under the authority of the local diocesan bishop. Fr. Martins is authorized by his Order, the Companions of the Cross, to perform as an exorcist <em>ad actum</em>.</p>
<p>Defendant Jesus Romero hosts a rival podcast called "Jesus 911" which is broadcast nationwide. Co-Defendant Kyle Clement is a frequent guest on Romero's podcast. The Catholic Resource Center owns and operates the podcast network that broadcasts Jesus 911.</p>
<p>According to the Complaint, during several episodes of his podcast during the fall of 2024, Romero and Clement defamed Fr. Martins and cast his ministry in a false light. On the November 20 podcast, Clement claimed that Fr. Martins "is not who he says he is." In the subsequent episode of the podcast, dated November 27, Romero revealed that he had made a request to Fr. Martins' religious Order to verify Fr. Martins' qualifications. In an email reply, the Order indicated that Fr. Martins was not appointed as an exorcist by mandate ("by a particular diocese"), but that he had "appropriate permission" to perform the ritual in any diocese "by request of the corresponding bishop." The full body of the email reads:</p>
<blockquote><p>In answer to your inquiry Fr. Carlos has not been appointed as an exorcist by a particular diocese. His full-time ministry is Treasures of the Church, however, due to his travels, he has been involved in exorcisms with the appropriate permission and or by request of the corresponding bishop.</p></blockquote>
</blockquote>
<p><span id="more-8398513"></span></p>
<blockquote><p>Instead of reading the entire email reply during their podcast, Defendants claimed that their view that Fr. Martins was not an exorcist was shared and endorsed by his Order, the Companions of the Cross. Defendant Romero did so by only reading the first part of the email ("In answer to your inquiry Fr. Carlos has not been appointed as an exorcist by a particular diocese. His full-time ministry is Treasures of the Church") and omitting the latter part ("however, due to his travels, he has been involved in exorcisms with the appropriate permission and or by request of the corresponding bishop"). Later in the podcast, Romero repeated his false claim that his Order said Fr. Martins is not an exorcist: "I just don't understand why he's purporting to be an exorcist when his Order says he's not."</p>
<p>According to Plaintiff, Romero's failure to read the email's entire content was false. And his misrepresentation of the actual words of the email was a false statement of fact. Thus, says Plaintiff, his disparagement of Fr. Martins' character and reputation was defamatory. As a result, Fr. Martins claims that his reputation as a "priest, author, podcaster, and exorcist" have been greatly injured. Fr. Martins claims that Defendants statements have caused him to suffer "severe emotional distress, including anxiety, sleeplessness, depression, dread, grief, and a sense of hopelessness." Fr. Martins fears "he will never be able to regain credibility as a priest, author, podcaster, and exorcist[,]" and "he fears people believe him to be a fraud, who is not worthy of the priesthood and not to be trusted as an exorcist."</p></blockquote>
<p>The court allowed the case to go forward. It concluded that the lawsuit wasn't barred by the ecclesiastical abstention doctrine:</p>
<blockquote><p>"Rooted in the First Amendment, the ecclesiastical abstention doctrine cautions against courts weighing into internal church matters that involve 'questions of discipline, or of faith, or ecclesiastical rule, custom, or law [that are decided by] church judicatories.'" The ecclesiastical abstention doctrine looks to whether the lawsuit would require the court to consider disputes involving "theological controversy, church discipline, ecclesiastical government, or the conformity of the members of the church to the standard of morals required of them." &hellip;</p>
<p>[T]he alleged defamatory statements did not question the Order's conclusions or challenge Church doctrine. The Defendants said <em>the Order </em>stated that Plaintiff was not as an exorcist when the Complaint alleges that the Order said in the email that he was an exorcist. The allegation is that Defendants defamed Plaintiff by stating that his Order said he was not an exorcist, contrary to the email. The email does not say that Plaintiff is not an exorcist.</p>
<p>Accordingly, the court concludes that it would not need to resolve whether Plaintiff is a qualified exorcist under Church doctrine. The court need not, nor the parties in discovery, delve into thousands of years of church doctrine to examine whether Fr. Martins is an exorcist or how he might be qualified to be an exorcist. Rather, the issue before the court "can be resolved through application of secular standards without any impingement upon church doctrine or practice" because the court need only resolve whether Defendants' statements that Plaintiff's Order said he was not an exorcist were untrue and thus defamatory. Whether Fr. Martins is qualified under Catholic doctrine as an exorcist is irrelevant to this inquiry.</p></blockquote>
<p>And the court rejected (at least at this motion to dismiss stage) the argument that defendants' statements were nonactionable opinions:</p>
<blockquote><p>[W]hen Romero stated that "I just don't understand why he's purporting to be an exorcist when his Order says he's not," he appears to have crossed the line from opinion (regarding whether the permissions were appropriate) to a statement of fact (that his Order says he is not an exorcist). Romero further stated that Fr. Martins "also said his role as an exorcist throughout, implying he has been an exorcist throughout the whole time he's been a Catholic priest. Well, I've established that's not true based on the email I received." [and] "Father Carlos Martins in a podcast on Reason and Theology said he's been an exorcist for almost as long as he's been a Catholic priest, about 20 years. Well, that's not true, according to Companions of the Cross, the email they sent me." &hellip;<br />
[A]ccording to the Complaint, such statements are demonstrably false based on the email itself, which does not say that Fr. Martins is not an exorcist&hellip;.</p></blockquote>
<p>Michael Turco and Michael Price (Brooks Wilkins Sharkey &amp; Turco PLLC) and Todd McMurtry (Hemmer Wessels McMurtry, PLLC) represent plaintiff.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/21/exorcist-files-vs-jesus-911-libel-suit-can-go-forward/">Exorcist Files vs. Jesus 911 Libel Suit Can Go Forward</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Prof. Musa Al-Gharbi's "Jason Arday and Me"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/prof-musa-al-gharbis-jason-arday-and-me/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398502</id>
		<updated>2026-08-21T15:46:43Z</updated>
		<published>2026-08-21T15:46:43Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" />		<summary type="html"><![CDATA[A very interesting piece in the Chronicle of Higher Education. Here are two brief excerpts, but they can't do justice&#8230;
The post Prof. Musa Al-Gharbi&#039;s &#34;Jason Arday and Me&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/prof-musa-al-gharbis-jason-arday-and-me/">
			<![CDATA[<p>A very interesting piece in the <a href="https://www.chronicle.com/article/jason-arday-and-me?sra=true">Chronicle of Higher Education</a>. Here are two brief excerpts, but they can't do justice to the whole piece, which covers much more ground:</p>
<blockquote><p>{[W]hen a mainstream journalist [investigated Arday], he was <a class="Link" href="https://retractionwatch.com/2026/07/27/cambridge-jason-arday-plagiarism-allegations-times-higher-education-exclusive/" target="_blank" rel="noopener" data-cms-ai="0">threatened with lawsuits</a>, <a class="Link" href="https://www.timeshighereducation.com/opinion/i-was-reported-police-over-arday-case-i-was-just-doing-my-job" target="_blank" rel="noopener" data-cms-ai="0">visited by the police</a>, and subsequently instructed by his editors to bury the story—and he sheepishly complied. Arday was exposed by a "race realist" Substack writer because reporters wouldn't cover the story until after it had already become <a class="Link" href="https://bookshop.org/a/103354/9781668011577" target="_blank" rel="noopener" data-cms-ai="0">common knowledge</a>. It seems to defeat the purpose of the journalistic profession to tell people what they've already learned by other means, but that was the position U.K. media outlets and journalists took: radio silence until "others" started the conversation. And, somehow, the <a class="Link" href="https://www.nytimes.com/2026/08/17/opinion/jason-arday-cambridge-plagiarism-media.html" target="_blank" rel="noopener" data-cms-ai="0">main lesson</a> many seem to be taking from the way things played out is that we need <i>even more</i> media censorship downstream.}</p>
<p>It is appropriate to give Arday's misconduct widespread attention because he, himself, relentlessly pursued the spotlight. The accuracy of his story matters because he sought <a class="Link" style="background-color: #ffffff;" href="https://www.theguardian.com/education/2026/aug/06/jason-arday-claim-memoir-publisher-simon-and-schuster-cambridge" target="_blank" rel="noopener" data-cms-ai="0">fame and riches</a> directly on the basis of his "biography," and Cambridge quite overtly <a class="Link" style="background-color: #ffffff;" href="https://www.thetimes.com/uk/education/article/students-told-cambridge-decolonise-jason-arday-ch8j7jggr" target="_blank" rel="noopener" data-cms-ai="0">recruited</a>, <a class="Link" style="background-color: #ffffff;" href="https://ericrasmusen.substack.com/p/who-hired-the-ridiculous-jason-arday" target="_blank" rel="noopener" data-cms-ai="0">promoted</a>, <a class="Link" style="background-color: #ffffff;" href="https://news.educ.cam.ac.uk/230223-jason-arday" target="_blank" rel="noopener" data-cms-ai="0">celebrated</a>, and <a class="Link" style="background-color: #ffffff;" href="https://www.telegraph.co.uk/news/2026/07/24/cambridges-diversity-poster-boy-in-plagiarism-row/" target="_blank" rel="noopener" data-cms-ai="0">defended</a> him on the same grounds.</p>
<p>His posthumous allies seem to be <a class="Link" style="background-color: #ffffff;" href="https://www.richardhanania.com/p/theyre-the-ones-who-told-us-to-pay" target="_blank" rel="noopener" data-cms-ai="0">striking the position</a> that public attention to Arday's "journey" and research was fine, but only when it suited his interests; he should be a subject of conversation, but only on his own terms; he deserves media coverage, but only when it flatters him. That's just not the way the game works. If you're in the spotlight, you're in the spotlight. Arday wanted to be the center of attention. He got his wish.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/21/prof-musa-al-gharbis-jason-arday-and-me/">Prof. Musa Al-Gharbi&#039;s &quot;Jason Arday and Me&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Steven Greenhut</name>
							<uri>https://reason.com/people/steven-greenhut/</uri>
						<email>sgreenhut@rstreet.org</email>
					</author>
					<title type="html"><![CDATA[
				America Is Building a Surveillance State Like China's			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/america-is-building-a-surveillance-state-like-chinas/" />
		<id>https://reason.com/?p=8397800</id>
		<updated>2026-08-21T16:59:15Z</updated>
		<published>2026-08-21T15:15:36Z</published>
			<category scheme="https://reason.com/latest/" term="Civil Liberties" /><category scheme="https://reason.com/latest/" term="Domestic spying" /><category scheme="https://reason.com/latest/" term="Law enforcement" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Police State" /><category scheme="https://reason.com/latest/" term="Surveillance" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Cameras" /><category scheme="https://reason.com/latest/" term="China" /><category scheme="https://reason.com/latest/" term="Flock" /><category scheme="https://reason.com/latest/" term="License Plate Cameras" />		<summary type="html"><![CDATA["If there are Flock cameras in your city, they are tracking, logging and sharing your movements without a warrant," warns the ACLU.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/21/america-is-building-a-surveillance-state-like-chinas/">
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		<p style="font-weight: 400;">One of the most prescient lines from George Orwell's <em>1984</em> the 1949 dystopian classic about Big Brother, regards that fictional society's <a href="https://www.telelib.com/authors/O/OrwellGeorge/prose/NineteenEightyFour/part1sec1.html" data-saferedirecturl="https://www.google.com/url?q=https://www.telelib.com/authors/O/OrwellGeorge/prose/NineteenEightyFour/part1sec1.html&amp;source=gmail&amp;ust=1787069789024000&amp;usg=AOvVaw1MPzwo7iv7cHYPVt5K_K8s">endless surveillance</a>: "You had to live—did live, from habit that became instinct—in the assumption that every sound you made was overheard, and, except in darkness, every movement scrutinized." Modern Americans' instinct is to post their every thought and photo on social media, but we still should be wary of the way new technologies track and monitor us throughout our day.</p>
<p style="font-weight: 400;">Some of this <em>Brave New World</em> tech is unavoidable and mostly benign. The website cookies that require our consent via pop-up notification are designed to <a href="https://www.hp.com/us-en/tech-takes/security/explainer/what-are-computer-cookies.html" data-saferedirecturl="https://www.google.com/url?q=https://www.hp.com/us-en/tech-takes/security/explainer/what-are-computer-cookies.html&amp;source=gmail&amp;ust=1787069789024000&amp;usg=AOvVaw3yixeEZU0iDn6pVVj-2D4x">track</a> our buying habits so that private companies can sell us more stuff. It's annoying, but do I really care that I get a few ads for car parts after I searched for a new trailer hitch? And some of the surveillance is self-imposed. My wife laughingly told me how fast I rode on my motorcycle and the towns I visited after my latest ride thanks to a tracking app that reassures her that I'm not lying somewhere in a ditch.</p>
<p style="font-weight: 400;">But, as always, the real problem is government. It's one thing when your wife is snooping on you, quite another when police and revenuers are randomly collecting information about your whereabouts—without court oversight. The <a href="https://constitution.congress.gov/constitution/amendment-4/" data-saferedirecturl="https://www.google.com/url?q=https://constitution.congress.gov/constitution/amendment-4/&amp;source=gmail&amp;ust=1787069789024000&amp;usg=AOvVaw2EcQKuwZM0TERAmR6pzH1O">Fourth Amendment</a> is clear: "The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause." Yet police agencies use the latest technologies to bypass the warrant process, all in the name of "public safety."</p>
<p style="font-weight: 400;">The latest fracas involves Flock Safety cameras. Using these <a href="https://www.eff.org/pages/what-alpr" data-saferedirecturl="https://www.google.com/url?q=https://www.eff.org/pages/what-alpr&amp;source=gmail&amp;ust=1787069789024000&amp;usg=AOvVaw0rBhdaGSRkxI5fpEYkC6_d">Advanced License Plate Readers</a> (ALPRs), governments are "quietly trying to build a nationwide mass surveillance system" notes the American Civil Liberties Union. "If there are Flock cameras in your city, they are tracking, logging and sharing your movements without a warrant." More than 120,000 of these atrocities are operating in the United States today—and that number is rapidly growing.</p>
<p style="font-weight: 400;">In the communist Chinese surveillance state, the authorities use facial recognition software, tracking systems and biometric databases that create <a href="https://www.protectprivacynow.org/news/chinas-holographic-profiles-show-the-future-of-mass-surveillance" data-saferedirecturl="https://www.google.com/url?q=https://www.protectprivacynow.org/news/chinas-holographic-profiles-show-the-future-of-mass-surveillance&amp;source=gmail&amp;ust=1787069789024000&amp;usg=AOvVaw0yrM8j3h_lq7KrjoLbPUAA">holographic profiles</a> of every person. Called "Bright Eyes," this system is straight out of science fiction. It's the perfect police-state model for controlling the populace along the lines of that "1984" quotation, given it's impossible to act and speak freely if you're being watched by people who have the authority to put you in prison. America isn't there yet, but ALPR technology is leading the long march to this dystopia.</p>
<p style="font-weight: 400;">Some Americans are pushing back. The Los Angeles Police Department has paused its contract with the company. "We wanted to address some of the civil liberty and civil right concerns and ensure that there is clarity over the terms regarding privacy, data ownership and security," LAPD said in a <a href="https://www.cbsnews.com/losangeles/news/lapd-pauses-use-of-flock-license-plate-reading-cameras/" data-saferedirecturl="https://www.google.com/url?q=https://www.cbsnews.com/losangeles/news/lapd-pauses-use-of-flock-license-plate-reading-cameras/&amp;source=gmail&amp;ust=1787069789024000&amp;usg=AOvVaw2gtOPafS7E9u1Auf3X-BY7">statement</a>. The department's main concerns surround information sharing with federal agencies. In the face of pushback—including activists who cover up or disable the cameras—Flock assures the public that its products should only be used with strict privacy and accountability measures.</p>
<p style="font-weight: 400;">That's fine and good, but whenever police agencies have intrusive tools some officers will abuse them. We're seeing this all over the country. <em>The Washington Post </em><a href="https://www.washingtonpost.com/technology/2026/08/13/flock-unveils-changes-after-post-report-police-misuse-its-network/" data-saferedirecturl="https://www.google.com/url?q=https://www.washingtonpost.com/technology/2026/08/13/flock-unveils-changes-after-post-report-police-misuse-its-network/&amp;source=gmail&amp;ust=1787069789024000&amp;usg=AOvVaw3ZYdbtrCfIBAS-nrzBf9jV">found</a> at least 62 cases of police officers who have "been accused, charged with or convicted of misusing Flock's system and other license-plate readers to spy on people's locations, including to stalk their girlfriends and ex-wives." We saw a particularly troubling <a href="https://www.ocregister.com/2026/07/29/editorial-despite-abuses-costa-mesa-backs-big-brother-tech/" data-saferedirecturl="https://www.google.com/url?q=https://www.ocregister.com/2026/07/29/editorial-despite-abuses-costa-mesa-backs-big-brother-tech/&amp;source=gmail&amp;ust=1787069789024000&amp;usg=AOvVaw0mqEIwJKSEwU7-ZBWUJsBV">case</a> in Orange County, where the former officer received what seems like a slap on the wrist (attending a domestic-violence program and informal probation). Police agencies that embrace these systems to make their work easier can't be trusted to police themselves in such matters. Their operating philosophy seems to be: "If you've done nothing wrong you have nothing to fear."</p>
<p style="font-weight: 400;">Abuses aside, the camera problem is more fundamental: They seem to violate the Constitution by tracking our movements in a way that curtails our freedoms, even though we don't have a definitive Supreme Court verdict. If the government can use artificial intelligence to wantonly review where we're going, who we're visiting, what neighborhoods we frequent and whatnot, they can build a profile. Then similar to <a href="https://www.imdb.com/title/tt0181689/" data-saferedirecturl="https://www.google.com/url?q=https://www.imdb.com/title/tt0181689/&amp;source=gmail&amp;ust=1787069789024000&amp;usg=AOvVaw27i6U9xzZEuNPBeSQlyiPC"><em>Minority</em> <em>Report,</em></a> they can predict whether we might be behaving in a manner that's illegal or troublesome for the authorities.</p>
<p style="font-weight: 400;">The Trump administration has unabashedly bent and broken privacy norms as, say, ICE officers have traipsed on private property and detained American citizens without warrants. So just wait for another couple of administrations to guess where this nation might be headed.</p>
<p style="font-weight: 400;">Highly advanced technologies—and they keep advancing with lightning speed—will provide the infrastructure for a police state. And then, to <a href="https://www.goodreads.com/quotes/271561-if-you-want-to-keep-a-secret-you-must-also" data-saferedirecturl="https://www.google.com/url?q=https://www.goodreads.com/quotes/271561-if-you-want-to-keep-a-secret-you-must-also&amp;source=gmail&amp;ust=1787069789024000&amp;usg=AOvVaw1yFMM0Bvnsanx7fscfDdY1">quote Orwell's <em>1984</em> again</a>, the only way to keep a secret, will be to "hide it from yourself."</p>
<p style="font-weight: 400;"><em>This column was <a href="https://www.ocregister.com/2026/08/14/americas-long-march-toward-chinese-style-surveillance-state/">first published</a> in The Orange County Register.</em></p>
<p>The post <a href="https://reason.com/2026/08/21/america-is-building-a-surveillance-state-like-chinas/">America Is Building a Surveillance State Like China&#039;s</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Samuel Corum/Sipa USA/Newscom]]></media:credit>
		<media:title><![CDATA[sipaphotostwentyseven707464]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				$9.25M Verdict Against N.Y. Times, in Libel Case Brought by Alabama Basketball Player			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/9-25m-verdict-against-n-y-times-in-libel-case-brought-by-alabama-basketball-player/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398491</id>
		<updated>2026-08-21T15:05:02Z</updated>
		<published>2026-08-21T15:05:02Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" />		<summary type="html"><![CDATA[The N.Y. Times (Katie Robertson) so reports, and adds that "The Times had not lost a defamation lawsuit brought in&#8230;
The post $9.25M Verdict Against N.Y. Times, in Libel Case Brought by Alabama Basketball Player appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/9-25m-verdict-against-n-y-times-in-libel-case-brought-by-alabama-basketball-player/">
			<![CDATA[<p>The N.Y. Times (Katie Robertson) <a href="https://www.nytimes.com/2026/08/20/business/media/new-york-times-defamation-lawsuit-alabama.html">so reports</a>, and adds that "The Times had not lost a defamation lawsuit brought in the United States over one of its articles in more than 50 years."</p>
<p>Here's an excerpt of the decision from Judge Annemarie Carney Axon (N.D. Ala.) in May (<a href="https://storage.courtlistener.com/recap/gov.uscourts.alnd.185748/gov.uscourts.alnd.185748.172.0.pdf"><em>Spears v. N.Y. Times Co.</em></a>) that allowed the case to go forward:</p>
<blockquote><p>Plaintiff Kai Spears was a walk-on basketball player for The University of Alabama men's basketball team and developed close friendships with other teammates, including Brandon Miller. In the early hours of the morning on January 15, 2023, Mr. Spears and Mr. Miller visited Moe's Original BBQ in Tuscaloosa, Alabama.</p>
<p>Unbeknownst to Mr. Spears, another teammate—Darius Miles—asked Mr. Miller to bring Mr. Miles a gun that he had left in Mr. Miller's car. So Mr. Miller headed to Mr. Miles, and Mr. Spears started back to his dorm. A few minutes later, gunfire erupted on the Strip, and Michael Davis, Mr. Miles's childhood friend, shot and killed Jamea Harris using the gun that Mr. Miller had brought to Mr. Miles.</p>
<p>{Two months later, the Times published an article, titled "A Fourth Alabama Player Was at a Deadly Shooting, in a Car Hit by Bullets." The opening line said that the "fatal January shooting that involved players from the University of Alabama basketball team could have been even more deadly, as surveillance video showed that two players were in a car struck by bullets in the crossfire."</p>
<p>It added that Mr. Spears was in the car with Mr. Miller at the time of the shooting and that Mr. Miles had asked Mr. Miller to bring Mr. Miles's gun to the scene. The story said that the University had tried to "distance itself from the shooting" and keep "quiet" other players' involvement. The article then discussed widespread criticism that Mr. Miller and the University received when Mr. Miller continued to play after the shooting.}</p>
<p>The statements about Mr. Spears were false, and this lawsuit followed&hellip;.</p></blockquote>
<p><span id="more-8398491"></span></p>
<p>The court concluded that Spears has the burden of showing "that the allegedly defamatory statements were false in all material respects," but it concluded that he had introduced enough evidence of that to go to the jury:</p>
<blockquote><p>At the motion to dismiss stage, the Times argued the article's statements were not defamatory because the article portrayed Mr. Spears as a potential victim. In addressing the Times's argument about the statements that Mr. Spears was "in a car struck by bullets" and that the shooting "could have been even more deadly," Judge Coogler noted that "[r]ead alone, these statements do not appear reasonably capable of conveying a defamatory meaning." But Judge Coogler added that—when considering whether a news article had a defamatory meaning—Alabama law requires the article to be read as a whole. Judge Coogler explained that the entire article could allow an ordinary reader to conclude "[Mr.] Spears was somehow complicit in the shooting." &hellip;.</p>
<p>Mr. Spears has produced sufficient evidence to meet his burden because a reasonable jury could conclude that Mr. Spears was not "involved" in the shooting. Although Mr. Spears was with Mr. Miller for the hours leading up to the shooting, Mr. Spears had no knowledge that Mr. Miller was communicating with Mr. Miles or that Mr. Miles had asked Mr. Miller to bring him his gun.</p>
<p>On top of this, Mr. Spears did not know where Mr. Miller planned to go or what he planned to do when he left Moe's. Nor did he know that Mr. Miles's gun was in Mr. Miller's car. And of course, Mr. Spears did not get in Mr. Miller's car and was not at the scene of the shooting when it occurred. At the time of the shooting, Mr. Spears and his friends were on their way back to his dorm. Mr. Spears knew about the shooting only after it happened&hellip;.</p></blockquote>
<p>Mary Virginia Buck, R. Matt Glover (Prince, Glover &amp; Hayes P.C.), and Stephen P. New represent plaintiff.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/21/9-25m-verdict-against-n-y-times-in-libel-case-brought-by-alabama-basketball-player/">$9.25M Verdict Against N.Y. Times, in Libel Case Brought by Alabama Basketball Player</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Data Centers Are Doing Your Dirty Work for You			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/an-ungrateful-public-underappreciates-data-centers/" />
		<id>https://reason.com/?p=8398308</id>
		<updated>2026-08-21T19:58:45Z</updated>
		<published>2026-08-21T14:50:07Z</published>
			<category scheme="https://reason.com/latest/" term="Artificial Intelligence" /><category scheme="https://reason.com/latest/" term="Business and Industry" /><category scheme="https://reason.com/latest/" term="Energy &amp; Environment" /><category scheme="https://reason.com/latest/" term="Science &amp; Technology" /><category scheme="https://reason.com/latest/" term="Technology" /><category scheme="https://reason.com/latest/" term="Data Centers" /><category scheme="https://reason.com/latest/" term="Economy" />		<summary type="html"><![CDATA[Their few defenders often misunderstand their benefits.]]></summary>
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		<p>When data center opponents seek to hype the environmental strains caused by these facilities, they often describe their water and electricity usage in terms of household or community equivalents.</p>
<p><span style="font-weight: 400;">This data center will consume <a href="https://www.pecva.org/region/orange/data-centers-in-the-town-of-orange-protecting-our-small-town-character/">as much electricity</a> as a small town. That data center's water usage is the same <a href="https://www.washingtonpost.com/ripple/2026/04/08/data-center-water-use-not-sustainable-increasingly-dry-american-west/?utm_source=chatgpt.com">as 50,000</a> homes. </span></p>
<p><span style="font-weight: 400;">The implied takeaway is that this is a lot. But it's not really. </span></p>
<p>In today's modern economy, the individual household is a mostly production-free zone. Where we once grew our own food and made our own clothes, today we buy those things from large enterprises that produce them offsite.</p>
<p>While the amount of resources individual households in rich countries consume is gargantuan, the resources needed to run individual homes that are mostly used for sleeping, eating, and child-rearing are relatively insignificant.</p>
<p>A data center using as much power as 50,000 homes sounds pretty scary. A data center using as much power as a single steel plant sounds less impressive.</p>
<p>The fact that data centers also allow us to outsource the electricity and water needed to power the digital services we consume is one of their many unsung benefits, as a recent X post accidentally highlights.</p>
<p><span style="font-weight: 400;">Earlier this week, X user Scott predicted that in five to 10 years' time, everyone will have a miniature AI data center in their house, sandwiched between the fridge and the dishwasher. </span></p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">I predict that in 5-10 years every household will have a local AI server that serves all the AI workload of the house, digital or robotics. It'll be as common as a WiFi router or a fridge</p>
<p>it creates a private mesh network to link all the devices in the house and does inference&hellip; <a href="https://t.co/bJA3oVEti2">pic.twitter.com/bJA3oVEti2</a></p>
<p>&mdash; Scott (@scottstts) <a href="https://x.com/scottstts/status/2090028410722476204?ref_src=twsrc%5Etfw">August 19, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p><span style="font-weight: 400;">Some of the quote tweets sarcastically predicted we'd also be building our own in-home smelting infrastructure. </span></p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">I predict that in 5-10 years every household will have a backyard furnace that serves all the pig iron production needs of the house <a href="https://t.co/VeM76HqzOK">https://t.co/VeM76HqzOK</a></p>
<p>&mdash; A. V. Dremel <img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f53b.png" alt="🔻" class="wp-smiley" style="height: 1em; max-height: 1em;" /> (@BmoreOrganized) <a href="https://x.com/BmoreOrganized/status/2090192504830222455?ref_src=twsrc%5Etfw">August 19, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<p>We obviously don't need to make our own pig iron at home when a large capital enterprise, taking full advantage of economies of scale, can do it more efficiently elsewhere.</p>
<p>The benefits to consumers are cheaper finished goods and a cleaner, more tranquil home that's also cheaper to run.</p>
<p>Data centers provide the same benefits to households in our modern, tech-dominated economy.</p>
<p>It's a nice thing that we can access almost every song ever recorded and view detailed street maps of the entire globe without a hot, noisy, power-hungry box taking up precious counter space in our homes.</p>
<p>Instead, we rely on remote data centers and their vast reserves of information storage and computing power to do that and then beam it to slim TVs, portable phones, and laptops.</p>
<p><span style="font-weight: 400;">As </span><i><span style="font-weight: 400;">Reason </span></i><span style="font-weight: 400;"><a href="https://reason.com/2026/03/07/the-joys-of-data-centers/">has covered</a>, the negative impacts of data centers are massively exaggerated. It's equally true that their benefits, in terms of less in-home hardware and resource consumption, are massively underappreciated. </span></p>
<p><span style="font-weight: 400;"><a href="https://echeloninsights.com/hubfs/_Media%20for%20Insights%20Blog/June%202026%20Voter%20Omnibus%20Topline%20-%20Updated%20External.pdf">Recent polling</a> by Echelon Insights found that 62 percent of respondents would oppose an AI data center being built in their community. That makes them less popular than nuclear power plants. </span></p>
<p><span style="font-weight: 400;">The same poll found that a data center supporting digital services like online search and streaming was still heavily underwater, with 53 percent opposing one in their community. </span></p>
<p><span style="font-weight: 400;">One can assume that most of the opponents of such data centers in that poll still use Google and streaming services. Would those people really want the expense and nuisance of running their own data center instead? </span></p>
<p>Unfortunately, this benefit is occasionally missed or underplayed by defenders of data centers.</p>
<p><span style="font-weight: 400;">When these few, proud, data center stans have tried to rehabilitate their reputation, they often do so by pointing to the public services paid for by taxes on data centers.</span></p>
<p>They'll tout a North Dakota town repaving its roads and building a new senior center with taxes paid by data centers as evidence of these facilities' wider benefits.</p>
<p>While it's certainly nice that Ellendale gets a new senior center, that's a minor, localized benefit at best.</p>
<p>The primary benefit of any profit-making production facility is what it produces, not the taxes it pays or the public services it supports.</p>
<p>Defending data centers by pointing to the fiscal benefits they provide local governments risks missing that point. Worse still, it encourages localities to treat data centers as cash cows there to pay for services that should be borne by all taxpayers.</p>
<p>To the degree that local taxes result in fewer data centers, we're all actually worse off.</p>
<p><span style="font-weight: 400;">If people want to be mad about something, they should be mad about Ellendale's senior center, and the fact that this local benefit, and others like it, are paid for by making data centers more expensive to run and the services they provide less economically enticing to investors. </span></p>
<p>Instead, people are increasingly focusing their anger on the data centers merely trying to help them. It's a bad attitude, and it will lead to bad policies that further restrict data centers.</p>
<p>The post <a href="https://reason.com/2026/08/21/an-ungrateful-public-underappreciates-data-centers/">Data Centers Are Doing Your Dirty Work for You</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:title><![CDATA[datacenters v2]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Ilya Somin</name>
							<uri>https://reason.com/people/ilya-somin/</uri>
						<email>isomin@gmu.edu</email>
					</author>
					<title type="html"><![CDATA[
				"You Chose the Wrong Parents" - My "Speak Freely" Interview on the Case for Migration Rights			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/you-chose-the-wrong-parents-my-speak-freely-interview-on-the-case-for-migration-rights/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398476</id>
		<updated>2026-08-22T05:54:33Z</updated>
		<published>2026-08-21T14:47:28Z</published>
			<category scheme="https://reason.com/latest/" term="Immigration" /><category scheme="https://reason.com/latest/" term="Ethno-Nationalism" /><category scheme="https://reason.com/latest/" term="Europe" /><category scheme="https://reason.com/latest/" term="Libertarianism" /><category scheme="https://reason.com/latest/" term="Nationalism" />		<summary type="html"><![CDATA[We covered many issues related to migration restrictions, arguments for and against them, and more.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/you-chose-the-wrong-parents-my-speak-freely-interview-on-the-case-for-migration-rights/">
			<![CDATA[<p><em>Speak Freely </em>recently posted, "You Chose the Wrong Parents," an interview I did with them on migration rights. We covered many issues relating to immigration, including the case for migration rights, how immigration restrictions are similar to medieval serfdom, causes of anti-immigrant sentiment, what I think are the strongest arguments for restrictionism, and how migration relates to broader dangers of <a href="https://www.nationalaffairs.com/publications/detail/the-case-against-nationalism">nationalism</a>, <a href="https://reason.com/volokh/2026/04/28/the-political-influence-of-zero-sum-thinking/">zero-sum thinking</a>, and widespread<a href="https://www.amazon.com/dp/0804799318/ref=nosim?tag=reasonmagazinea-20"> political ignorance</a>.</p>
<p>Thanks in large part to the great questions posed by <em>Speak Freely </em>website editor-in-chief Ogechukwu Egwuatu (herself an African immigrant to France), I think this was one of my best media interviews of the last few years.<em> Speak Freely</em> is a publication of European Students for Liberty, and we conducted the interview in April, during LibertyCon Europe (ESFL's annual convention). I wrote about my experience at LibertyCon <a href="https://reason.com/volokh/2026/05/03/how-european-libertarians-differ-from-american-ones/">here</a>, outlining some similarities and differences between European and American libertarians/classical liberals. The transcript of the interview is <a href="https://www.wespeakfreely.org/2026/08/21/you-chose-the-wrong-parents-ilya-somin-on-the-case-for-free-migration/">here</a> (but note there are a lot of transcription errors). I embedded the video below:</p>
<p><iframe loading="lazy" title=""You Chose the Wrong Parents": Ilya Somin on the Case for Free Migration" width="500" height="281" src="https://www.youtube.com/embed/Iv7txTOUVvY?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p>
<h5></h5>
<p>The post <a href="https://reason.com/volokh/2026/08/21/you-chose-the-wrong-parents-my-speak-freely-interview-on-the-case-for-migration-rights/">&quot;You Chose the Wrong Parents&quot; - My &quot;Speak Freely&quot; Interview on the Case for Migration Rights</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Peter Suderman</name>
							<uri>https://reason.com/people/peter-suderman/</uri>
						<email>peter.suderman@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Tony Is an Anthony Bourdain Origin Story			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/tony-is-an-anthony-bourdain-origin-story/" />
		<id>https://reason.com/?p=8398441</id>
		<updated>2026-08-21T14:12:24Z</updated>
		<published>2026-08-21T14:15:14Z</published>
			<category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Movies" /><category scheme="https://reason.com/latest/" term="Anthony Bourdain" /><category scheme="https://reason.com/latest/" term="book" /><category scheme="https://reason.com/latest/" term="Gender" /><category scheme="https://reason.com/latest/" term="Hollywood" /><category scheme="https://reason.com/latest/" term="Media" /><category scheme="https://reason.com/latest/" term="Media Criticism" />		<summary type="html"><![CDATA[and a portrait of a young man as a wannabe writer.]]></summary>
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		<p><span style="font-weight: 400;">If you've followed the battle lines of the gender wars recently, one of the most heated fronts is over publishing. Men, the story goes, don't read anymore, especially not fiction, because women in publishing have kept younger white male authors out of the industry. What's left is an industry trading on the fumes of romantasy slop. Hope you like fairy porn, otherwise, it's old science fiction novels for you. </span></p>
<p><span style="font-weight: 400;">Purveyors of this narrative tend to minimize the broader decline of reading as well as the vast increase in competition, across all mediums, for entertainment time. But there have been gendered shifts in who reads and writes books as the publishing industry has evolved. And there's certainly been plenty of <a href="https://www.nytimes.com/2025/06/25/style/fiction-books-men-reading.html">discussion</a> in outlets like <em>The New York Times</em> about <a href="https://www.nytimes.com/2025/07/16/opinion/novels-men-reading.html">why men</a> <a href="https://www.nytimes.com/2025/06/14/books/read-like-wind-recommendations.html">have left</a> <a href="https://www.nytimes.com/2025/08/02/opinion/reading-men-fiction-sexy.html">the written word behind</a>. </span></p>
<p><span style="font-weight: 400;">Everyone interested in this discussion should watch </span><i><span style="font-weight: 400;">Tony</span></i><span style="font-weight: 400;">, a small, slight, reasonably effective biopic about a young Anthony Bourdain—a sort of origin story for a man who became a cultural legend. It's not a formal volley in the gender wars, nor does it frame itself as such. But it is, at heart, a portrait of a young man who, more than anything else, wants to be a writer. He's an impulsive, angry, moody, drunken mess, at least until he learns how to do something physical and economically useful with his life. </span></p>
<p><span style="font-weight: 400;">The movie takes place over a single summer in Provincetown, Massachusetts, where a college-aged Tony Bourdain goes because of a girl. He's told his parents he won a writing fellowship, and he tells the girl too, even though he was rejected from the program. After he gets into a drunken brawl at a restaurant and gets his money stolen because he's passed out on the street, he ends up working in that very same kitchen, washing dishes just so he has a place to sleep. He lies to get that job, too, telling the restaurant's owner he has formal kitchen training when he doesn't. This Bourdain is mouthy, blustery, and arrogant. But he hasn't yet proved himself. </span></p>
<p><span style="font-weight: 400;">Over the course of the summer, he gets his chance, starting from the bottom with stacks upon stacks of dirty dishes. Yet he becomes part of a kitchen team, a unit working together toward a single purpose, and he begins to make friends. He also gets into drugs, partly just to survive the punishing hours in the restaurant. </span></p>
<p><span style="font-weight: 400;">He finds a mentor in the establishment's owner and kitchen boss, a man trained in culinary school who has no name except Chef, played by Antonio Banderas in a standout performance. Chef is stern, demanding, and sometimes angry, but also patient and tolerant of Bourdain's youthful mess. He doesn't set out to be a role model or a mentor in the traditional sense, but he becomes one anyway, showing Bourdain both the artistic and economic value of good food, and the exhausting thrill of working long, sweaty hours to make it. He makes a man of Bourdain, and a future chef. </span><i><span style="font-weight: 400;">Tony</span></i><span style="font-weight: 400;"> is Bourdain's origin story. </span></p>
<p><span style="font-weight: 400;">Bourdain, of course, would go on to become a celebrated New York chef, spending his 20s and 30s in some of the city's best restaurants and working his way up the culinary food chain. And yes, eventually, he became a writer, breaking out with an <a href="https://www.newyorker.com/magazine/1999/04/19/dont-eat-before-reading-this">article</a> in </span><i><span style="font-weight: 400;">The New Yorker </span></i><span style="font-weight: 400;">and then a <a href="https://www.amazon.com/dp/0060899220/ref=nosim?lv=shuf&#038;channelId=500&#038;plpRedirect=mhFallback&#038;linkCode=sl2&#038;tag=reasonmagazinea-20&#038;linkId=5ad373f2969070a6043f1a90e323212d&#038;language=en_US&#038;gaOptInStatus=true">book</a>, </span><i><span style="font-weight: 400;">Kitchen Confidential</span></i><span style="font-weight: 400;"><em>: Adventures in the Culinary Underbelly</em>, that launched his even more celebrated career as a swaggering, opinionated, no-bullshit, intensely masculine explainer of food and food culture. But he didn't write that book, or become that man, until he'd been working in kitchens for 20 years, making something real and tactile in the world, and something real of his own life. He didn't write, in other words, until he had something to write <em>about</em>. </span></p>
<p><span style="font-weight: 400;">Writing is a tough business, and there are no guarantees, especially when there's so much competition both on and off the page. But "do something real," "become an authority on something," and "gain confidence in yourself built on actual knowledge and experience" are pretty good pieces of advice for anyone who wants to write, or otherwise present themselves to the world. At the very least, that's what worked for Tony—sorry, </span><i><span style="font-weight: 400;">Anthony</span></i><span style="font-weight: 400;">—Bourdain. </span></p>
<p>The post <a href="https://reason.com/2026/08/21/tony-is-an-anthony-bourdain-origin-story/">&lt;i&gt;Tony&lt;/i&gt; Is an Anthony Bourdain Origin Story</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Tony/A24]]></media:credit>
		<media:description type="html"><![CDATA[Scene from "Tony"]]></media:description>
		<media:title><![CDATA[TONY_A24]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Liz Wolfe</name>
							<uri>https://reason.com/people/liz-wolfe/</uri>
						<email>liz.wolfe@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Colonizing the Moon			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/colonizing-the-moon/" />
		<id>https://reason.com/?p=8398439</id>
		<updated>2026-08-21T17:53:02Z</updated>
		<published>2026-08-21T13:30:48Z</published>
			<category scheme="https://reason.com/latest/" term="Policy" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Science Policy" /><category scheme="https://reason.com/latest/" term="Space" /><category scheme="https://reason.com/latest/" term="Moon" /><category scheme="https://reason.com/latest/" term="Reason Roundup" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Plus: Postpartum psychosis, captain deportation, lady lawyers, and more...]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/21/colonizing-the-moon/">
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		<p><strong>Entering the new space age: </strong>The White House wants upward of 1,000 rocket launches and re-entries per year in the U.S. by 2030 and has unveiled a <a href="https://www.whitehouse.gov/presidential-actions/2026/08/national-security-presidential-memorandum-nspm-17/">new policy initiative</a> to this effect.</p>
<p>"The new policy puts greater emphasis on developing additional locations for rockets to launch from and for spacecraft to land. It also calls for plans on how to integrate management of space traffic with air traffic control, and how to enable launches within 48 hours of high-priority civil and national security missions," <a href="https://www.nytimes.com/2026/08/20/science/trump-space-transportation-policy.html?smid=url-share">reports</a> <em>The New York Times. </em>The policy "calls for more commercial involvement in efforts to reach the moon and Mars" and talks about companies more easily "selling American capabilities to other countries."</p>
<p><span data-sheets-root="1"></span></p>
<p>The administration intends to "evaluate the regulatory, programmatic, operational, and technological barriers for prompt, responsive, and resilient access to space," per the White House <a href="https://www.whitehouse.gov/presidential-actions/2026/08/national-security-presidential-memorandum-nspm-17/">memo</a>, and "review, on a case-by-case basis, requests to launch foreign space vehicles or permit reentry of foreign space vehicles in the United States for commercial purposes."</p>
<p>The Trump administration <a href="https://www.reuters.com/science/trump-signs-memo-help-drastically-boost-us-space-launches-2026-08-20/">also says</a> it wants to put U.S. astronauts back on the Moon by 2028 and explore more commercial avenues for bringing people to Mars.</p>
<p>It's a good plan! Sort of a continuation, interestingly, of policies created <a href="https://www.nytimes.com/2026/08/20/science/trump-space-transportation-policy.html?smid=url-share">during the Obama and Clinton administrations</a>. Exploring the final frontier is rather bipartisan, turns out. But the emphasis on paving the way, from a regulatory standpoint, for more private companies to innovate in this sphere is a distinctly Republican-flavored approach.</p>
<p><strong>Mass psychosis? </strong>"Hundreds of Lindsay Clancy supporters, many wearing pink clothing emblazoned with phrases such as 'Believe', 'She Needed Help' and 'Peace For Lindsay', gathered on Thursday outside the courthouse where she is on trial in the killings of her three children," <a href="https://www.theguardian.com/us-news/2026/aug/20/lindsay-clancy-murder-trial-supporters">reports</a> <em>The Guardian. </em>"Several of the 300 women, and a few men, said Clancy's story resonated with them and that they wanted to raise awareness about how the mental health system treats women. Clancy's lawyer does not dispute that she killed the children, but says she should not be held criminally responsible because she was mentally ill." Her lawyer also argues she had bipolar disorder and that antidepressants she took to treat that disorder after the birth of her third child made her problem much worse.</p>
<p>It's still wild that women are coming out in support of Clancy:</p>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">I've wanted not to wade into this discourse because it's so dark I almost can't believe it's real. </p>
<p>When your children are that young, you are their entire world. You are the person they run to when they're scared, hurt, or confused. They trust you completely because they don't&hellip; <a href="https://t.co/lfaUCDWte8">https://t.co/lfaUCDWte8</a></p>
<p>&mdash; Brittany Hugoboom (@BritHugoboom) <a href="https://x.com/BritHugoboom/status/2090532708610977894?ref_src=twsrc%5Etfw">August 20, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<hr />
<p><strong><em>Scenes from New York: </em></strong>"The captain in a deadly boat accident in New York Harbor this month was arrested by Immigration and Customs Enforcement after an investigation found that he was in the United States unlawfully, the federal authorities said on Wednesday," <a href="https://www.nytimes.com/2026/08/20/nyregion/ice-arrest-boat-captain-new-york.html">reports</a> <em>The New York Times. "</em>The captain, Manuel Hernandez, 46, was initially arrested on Aug. 9, the day after the boat capsized in the harbor, killing a mother and her 5-month-old daughter. A Coast Guard investigation found that the boat was over capacity when it capsized near the Statue of Liberty and did not have life jackets for infants on board, <a class="css-povzk" title="" href="https://www.justice.gov/usao-sdny/media/1457226/dl" target="_blank" rel="noopener noreferrer">according to a criminal complaint</a>."</p>
<hr />
<h2>QUICK HITS</h2>
<ul>
<li>"Iran said on Friday that its response to any new U.S. threats would be 'devastating' after Washington pledged ​to impose the toughest financial penalties in history with the aim of toppling the Iranian leadership," <a href="https://www.reuters.com/world/middle-east/us-says-it-will-impose-toughest-sanctions-history-iran-2026-08-20/">reports</a> Reuters. "U.S. Treasury chief Scott Bessent said he would <a class="text-module__text__0GDob text-module__inherit-color__PhuPF text-module__inherit-font__1P1hv text-module__inherit-size__EyiQW link-module__link__INqxZ link-module__underline_default__-okuC" style="background-color: #ffffff;" href="https://www.reuters.com/world/middle-east/us-treasury-secretary-bessent-hold-press-conference-iran-on-monday-2026-08-20/" data-testid="Link">give details on Monday</a> of the ‌planned sanctions, which follow a warning from <a class="text-module__text__0GDob text-module__inherit-color__PhuPF text-module__inherit-font__1P1hv text-module__inherit-size__EyiQW link-module__link__INqxZ link-module__underline_default__-okuC" style="background-color: #ffffff;" href="https://www.reuters.com/world/middle-east/trump-warns-economic-consequences-any-country-that-supports-iran-2026-08-20/" data-testid="Link">President Donald Trump</a> of economic consequences against any country that provided 'any type of lifeline to Iran.'"</li>
<li>"Today, flexible work is a theoretical possibility for knowledge workers, yet white-collar institutions still prefer 9-to-5 workers," <a href="https://substack.com/home/post/p-211595738">writes</a> Allison McFadden for <em>Fairer Disputations. </em>"The lack of alternatives to this model is a lose-lose situation for mothers and society alike. We can gainfully employ moms who are primary caretakers if we embrace the reality that they are a different kind of worker."</li>
<li>Calling in the money doctor:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="en" dir="ltr">Venezuela's National Assembly named professor <a href="https://x.com/steve_hanke?ref_src=twsrc%5Etfw">@steve_hanke</a> Special Adviser on Economic, Monetary, and Energy Affairs, tasking him with curing hyperinflation now running at a 400% annual clip — the worst in the world.<a href="https://t.co/uxF8gavXNc">https://t.co/uxF8gavXNc</a></p>
<p>&mdash; FORTUNE (@FortuneMagazine) <a href="https://x.com/FortuneMagazine/status/2090523671165026345?ref_src=twsrc%5Etfw">August 20, 2026</a></p></blockquote>
<p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p>
<ul>
<li>Sunrise Mall in Citrus Heights, a suburb of Sacramento, is "the prototypical dead mall: Built in 1972, it seems like it was last spruced up in either the late 1990s or early 2000s," <a href="https://substack.com/home/post/p-211950380">writes</a> Nolan Gray. "The vast parking lots sit empty, strewn with litter and dead leaves. Inside, underwatered tropical plants hang on by a thread. Of the five original anchor tenants, only JCPenney survives. The rest of the mall is filled with low-margin businesses: a local clothing store, a cellphone repair shop, a Bitcoin ATM." But what's going on here? Why are dead malls still around? And why on Earth can you go into them? "The actual answer," writes Gray, "is that dead malls are the physical embodiment of a spectacular breakdown in private governance."</li>
<li>Checking in on the Mooch:</li>
</ul>
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
<p lang="es" dir="ltr">Incomparable. <a href="https://t.co/CF33cSNwk3">https://t.co/CF33cSNwk3</a> <a href="https://t.co/0zr4zfMBL1">pic.twitter.com/0zr4zfMBL1</a></p>
<p>&mdash; Leah Libresco Sargeant (@LeahLibresco) <a href="https://x.com/LeahLibresco/status/2090652146496610606?ref_src=twsrc%5Etfw">August 21, 2026</a></p></blockquote>
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<p>The post <a href="https://reason.com/2026/08/21/colonizing-the-moon/">Colonizing the Moon</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Robin Rayne/ZUMAPRESS/Newscom/NASA]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump wants to go to space]]></media:description>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/Trump-8-21-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Irina Manta</name>
							<uri>https://reason.com/people/irina-manta/</uri>
					</author>
					<title type="html"><![CDATA[
				"Denaturalization's Missing Limit" out in Northwestern University Law Review Online			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/denaturalizations-missing-limit-out-in-northwestern-university-law-review-online/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398445</id>
		<updated>2026-08-21T12:45:01Z</updated>
		<published>2026-08-21T12:45:01Z</published>
					<summary type="html"><![CDATA[Building boundaries around civil denaturalization]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/denaturalizations-missing-limit-out-in-northwestern-university-law-review-online/">
			<![CDATA[<p>The final version of "<a href="https://scholarlycommons.law.northwestern.edu/nulr_online/370/">Denaturalization's Missing Limit</a>," my latest article with <a href="https://case.edu/law/about/faculty-directory/cassandra-burke-robertson">Cassandra Burke Robertson</a>, is out in the Northwestern University Law Review Online. Here is the abstract:</p>
<blockquote><p>Civil denaturalization has become a bipartisan tool of punishment and deterrence. The government has used the civil justice system to strip citizenship from naturalized citizens convicted of serious crimes— including sex offenders—to "send a loud message" and "hold accountable" those it considers undesirable, circumventing the ten-year statute of limitations Congress imposed on criminal naturalization fraud. The Trump Administration has gone further, elevating denaturalization to one of the Department of Justice's top five enforcement priorities and directing attorneys to "maximally pursue" every viable case. One of the features that makes denaturalization such a potent tool is the widely accepted proposition that no statute of limitations applies. This Essay argues that proposition is wrong. Drawing on the Supreme Court's decision in <em>Kokesh v. SEC</em>, the text and structure of 28 U.S.C. § 2462, and the policy rationales underlying statutes of limitations, we argue that Congress's existing default five-year limitations period should be understood to apply to civil denaturalization. A five-year time bar would preserve the government's ability to pursue clear fraud while preventing the indefinite vulnerability that chills the political participation of over twenty-three million naturalized Americans.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/21/denaturalizations-missing-limit-out-in-northwestern-university-law-review-online/">&quot;Denaturalization&#039;s Missing Limit&quot; out in Northwestern University Law Review Online</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"Pussy Valley" Autobiography Appropriation Lawsuit over Starz' "P-Valley" Thrown Out			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/pussy-valley-autobiography-appropriation-lawsuit-over-starz-p-valley-thrown-out/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398392</id>
		<updated>2026-08-21T00:08:25Z</updated>
		<published>2026-08-21T12:32:17Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" /><category scheme="https://reason.com/latest/" term="Copyright" />		<summary type="html"><![CDATA[Wednesday, District Judge Mark Norris (W.D. Tenn.) accepted the July 30 recommendations from Magistrate Judge Annie Christoff in Johnson v.&#8230;
The post &#34;Pussy Valley&#34; Autobiography Appropriation Lawsuit over Starz&#039; &#34;P-Valley&#34; Thrown Out appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/pussy-valley-autobiography-appropriation-lawsuit-over-starz-p-valley-thrown-out/">
			<![CDATA[<figure id="attachment_8398395" aria-describedby="caption-attachment-8398395" style="width: 1024px" class="wp-caption aligncenter"><img decoding="async" class="size-large wp-image-8398395" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/cat-1-1024x806.jpg" alt="" width="1024" height="806" srcset="https://reason.com/wp-content/uploads/2026/08/cat-1-1024x806.jpg 1024w, https://reason.com/wp-content/uploads/2026/08/cat-1-300x236.jpg 300w, https://reason.com/wp-content/uploads/2026/08/cat-1-768x605.jpg 768w, https://reason.com/wp-content/uploads/2026/08/cat-1.jpg 1029w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption id="caption-attachment-8398395" class="wp-caption-text">Thanks to the Library of Congress; L. Prang &amp; Co., 1872.</figcaption></figure> <p>Wednesday, District Judge Mark Norris (W.D. Tenn.) <a href="https://storage.courtlistener.com/recap/gov.uscourts.tnwd.108486/gov.uscourts.tnwd.108486.26.0.pdf">accepted</a> the July 30 recommendations from Magistrate Judge Annie Christoff in <a href="https://storage.courtlistener.com/recap/gov.uscourts.tnwd.108486/gov.uscourts.tnwd.108486.25.0.pdf"><em>Johnson v. Hall</em></a>:</p> <blockquote><p>Johnson [sued] &hellip;, alleging various claims arising from Defendants' television series "P-Valley," which Johnson claims "directly appropriated" her autobiography entitled "Pussy Valley." According to Johnson, her autobiography recounts "her life as an exotic dancer, including her upbringing in the Graves Manor Projects in Memphis, Tennessee, colloquially know as 'Pussy Valley.'" She allegedly "shared and discussed" her autobiography with Defendant Katori Hall, who, "in collaboration with Defendants Starz Entertainment and Lions Gate Entertainment, developed and produced the television series 'P-Valley.'" &hellip;</p></blockquote> <p>The magistrate judge recommended that Johnson's right of publicity and unjust enrichment claims be dismissed as preempted by the Copyright Act:</p> <blockquote><p>The autobiography &hellip; qualifies as a literary work that "falls within the range of materials protected by the Copyright Act." &hellip; The Sixth Circuit applies a "functional test" to determine equivalency, which "asks whether the state claim seeks to protect rights similarly protected by the Copyright Act." &hellip;</p> <p>As Starz correctly asserts, [the right of publicity and unjust enrichment] claims are based on allegations that Starz "misappropriated [Johnson's] identity, life story, and creative expression for commercial gain without consent" and "profit[ed] from [her] life story without compensation." Based on these allegations, each cause of action depends on Starz's alleged use of Johnson's original autobiography without her permission or without compensation. "As unauthorized publication is a core and exclusive right safeguarded by the Copyright Act," the Court agrees that Johnson's statutory right-of-publicity and unjust-enrichment claims are preempted by the Copyright Act.</p></blockquote> <p><span id="more-8398392"></span></p> <p>The judge also recommended that the court reject Johnson's invasion of privacy claim (to oversimplify slightly):</p> <blockquote><p>Johnson &hellip; does not allege that Defendants' conduct was offensive to persons of ordinary sensibilities. In fact, she does not allege that Defendants' conduct was offensive at all. She merely accuses Defendants of appropriating her "autobiography and life story."</p></blockquote> <p>And the judge recommended the same as to Johnson's defamation and false light claims:</p> <blockquote><p>Johnson has also failed to state a claim of defamation. As Starz correctly notes, "she does not claim (or support with plausibly alleged facts) that the alleged depiction of her in <em>P-Valley</em> is provably false or how it is false; and she does not allege that (or how) the series damages her reputation."</p></blockquote> <p>Robb S. Harvey and Todd Ryan Hambidge (Holland &amp; Knight LLP) and David Halberstadter and  Asena Baran (Katten Muchin Rosenman LLP) represent defendants.</p><p>The post <a href="https://reason.com/volokh/2026/08/21/pussy-valley-autobiography-appropriation-lawsuit-over-starz-p-valley-thrown-out/">&quot;Pussy Valley&quot; Autobiography Appropriation Lawsuit over Starz&#039; &quot;P-Valley&quot; Thrown Out</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Watch out with Dancing; It Might Lead to Sex			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/watch-out-with-dancing-it-might-lead-to-sex/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398390</id>
		<updated>2026-08-20T23:47:12Z</updated>
		<published>2026-08-21T12:01:55Z</published>
			<category scheme="https://reason.com/latest/" term="Sexual Assault" /><category scheme="https://reason.com/latest/" term="Torts" />		<summary type="html"><![CDATA[Or at least college dancing instruction may create a “heightened risk of sexual misconduct”; a court is allowing an expert to so testify.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/watch-out-with-dancing-it-might-lead-to-sex/">
			<![CDATA[<p>Some excerpts from the longish opinion in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.mnd.216201/gov.uscourts.mnd.216201.95.0.pdf">Doe v. Carleton College</a></em>, decided yesterday by Judge Donovan Frank (D. Minn.):</p>
<blockquote><p>Carleton is a private liberal arts college in Northfield, Minnesota with approximately 2,000 students. Doe was a student at Carleton between 2019 and 2023. While she was a student, Doe got involved in dance, first participating in Carleton's social dance club, then taking two salsa classes and an independent study in dance with Carleton staff member Donald Smith.</p>
<p>Over time, Doe and Smith's relationship devolved, becoming inappropriate and abusive. Doe now sues Carleton based on its hiring, retention, and supervision of Smith under theories of direct and vicarious liability&hellip;.</p>
<p>After attending Smith's salsa workshop, Doe enrolled in Salsa I for the 2020 winter term. During the course, Doe and Smith developed a close relationship. They began taking walks together and communicating more frequently about personal details. In March 2020, Doe and two other students went to Smith's house for dinner with him and his wife.</p>
<p>After Salsa I ended, Smith left a note in Doe's student mailbox asking if she would be his salsa co-instructor in future classes. During winter break, Doe and Smith met approximately ten times in Smith's office so Smith could continue teaching Doe. During those meetings, Smith made inappropriate comments, expressed his attraction to Doe, and touched her in ways that made her uncomfortable. Doe had some interaction with Smith during the 2020 spring term, including spending the night at his home. Doe had no concerns about that visit and had minimal contact with Smith for the rest of the term.</p></blockquote>
<p><span id="more-8398390"></span></p>
<blockquote><p>Doe became Smith's co-instructor for Salsa I during the 2021 fall term. He offered to pay her $17.25 per hour for her time. Smith's PEAR supervisor was unaware that Smith had a co-instructor for Salsa I. At that time, the PEAR Department did not hire students as co-instructors for PEAR courses that were taught by Carleton faculty or staff. Smith paid Doe via personal check. As a co-instructor, Doe was required to participate in the class two times per week and meet with Smith for an hour on the weekends to prepare for class. The lesson planning meetings took place at Smith's house. Doe also enrolled in Smith's Salsa II class that term. Altogether, Doe spent about five hours per week with Smith. As the term progressed, Smith's behavior escalated. For example, he shared inappropriate personal information about his sex life and capacity for violence.</p>
<p>At the start of winter break 2021, Doe spent two nights at Smith's home during the two-day gap between the closure of her dorm and her flight to visit family. On the second night, Smith invited Doe to see his basement and asked her to play "truth or dare." Smith poured her a drink and after she finished it, Doe began to feel "weird and ill." Smith pressured her to have another. Doe's memory of the rest of the night is hazy, but she remembers Smith making several inappropriate sexual comments toward her. At some point, Doe ran upstairs to vomit and then went to bed. When she woke up the next morning, there were red marks around her neck. Doe did not report the incident to Carleton or the police at the time.</p>
<p>On January 28, 2022, Smith invited Doe to his house for a birthday "surprise." When she arrived, Smith led her to the basement where there were twenty-one pieces of colored paper face-down on the table. Smith told Doe to turn over the pieces of paper one-by-one. Each paper had some kind of "reward" or "punishment" written on it. The punishments included sexually inappropriate conduct, including hitting. Eventually Doe insisted that the game stop and they went upstairs. Once upstairs, Smith and Doe practiced dancing.</p>
<p>Afterwards, Smith bit Doe on her ear or shoulder, grabbed her arm and throat, and made sexually charged comments toward her once again. Doe left shortly thereafter&hellip;.</p>
<p>A few days later, Doe told her therapist about this incident, and they agreed that Doe's therapist would contact the Associate Dean of Students, Trey Williams. Williams arranged a meeting with Doe for February 9, 2022. Doe told Williams that one of her teachers attacked her at his house, that it had been affecting her academically, and that she needed help making it through the term. Doe did not tell Williams Smith's name at the time because she was afraid. Following the meeting, Williams submitted a form to the Title IX office describing his February 9th meeting with Doe and further discussed the situation during a CARE Team meeting. The CARE Team agreed that Williams would help Doe academically and {Laura Riehle-Merrill, Carleton's Title IX Coordinator,} would contact her about support resources. Riehle-Merrill invited Doe to meet with her, but Doe never responded.</p>
<p>Doe finished winter term but failed two courses, so Carleton placed her on Academic Review. Smith suggested that Doe participate in an independent study with him to recover credits. [Judith Howard, Chair of the Theater and Dance Department,] was the supervisor of the independent study. As supervisor, she was tasked with approving the course proposal and checking in at the end. In preparation for the independent study, Smith and Doe performed a bachata dance for Howard. Howard felt uncomfortable watching the dance and contacted Riehle-Merrill. She was concerned about the power dynamic in the particular style of dance.</p>
<p>Howard and Riehle-Merrill met in March 2022 to discuss the situation. Some of Riehle-Merrill's notes from the meeting include "Judith feels this is grooming" and "Teacher 'gets off on this.'" After the meeting, Howard met separately with Doe and Smith to discuss the independent study. After meeting with Howard, Smith and Doe rewrote the independent study proposal. Howard was satisfied with the conversations and the new proposal, so she signed off on the independent study. Around the same time, Howard contacted Riehle-Merrill to let her know about the "good results," identifying both Smith and Doe by name.</p>
<p>During the 2022 spring term, Smith's physical harassment became "near constant." In April 2022, Doe received a letter purportedly from "Katie," Smith's dance partner, encouraging Doe to have a sexual relationship with Smith. Doe suspected Smith wrote the letter himself, and when she did not mention it to him, he sent her a lengthy text message with the letter's exact wording&hellip;.</p>
<p>On May 9, 2022, Doe finally decided to report Smith by name to the Title IX Office. Doe and Riehle-Merrill met later that day, where Doe disclosed the inappropriate physical contact and inappropriate comments and identified Smith.</p>
<p>Riehle-Merrill was concerned about Smith's presence on campus and immediately consulted Human Resources. She determined that the matter should be handled as an employment matter rather than a Title IX investigation because Doe did not want to go through a lengthy investigation or hearing process. Carleton fired Smith on May 13, 2022 &hellip;.</p></blockquote>
<p>Doe sued Carleton, and in the process sought to introduce the testimony of expert witness Kaori Kenmotsu. Here's the court's analysis:</p>
<blockquote><p>Kenmotsu has over twenty years of experience as a faculty member and lecturer in college dance departments and significant experience as a director, choreographer, and dancer. Her academic work has focused on "dance pedagogy, power dynamics in the arts, and cross-cultural perspectives in performance." Her research and teaching has included "issues of body autonomy, consent, and ethical pedagogy within dance and theater." &hellip;</p>
<p>[T]he Court will allow Kenmotsu to testify about the heightened risk of sexual misconduct in dance instruction, which includes her testimony about hierarchies and dance pedagogy. Kenmotsu's experience is significant and qualifies her to give an opinion on risks in dance instruction, especially in the college setting. This information will be useful to the jury because the average jury is not familiar with college dance instruction and the surrounding culture. Carleton's arguments are well taken but go more to Kenmotsu's credibility and the weight the jury should give her opinion. Carleton is, of course, welcome to cross-examine Kenmotsu on those points and make those arguments in closing at trial&hellip;.</p></blockquote>
<p>And this evidence may be relevant to Doe's substantive claims:</p>
<blockquote><p>For Doe's claims of vicarious liability assault and battery and vicarious liability sexual abuse to survive summary judgment, there must be evidence that assault, battery, and sexual abuse are well-known hazards between dance teachers and students&hellip;. Kenmotsu included in her opinion that there is a heightened risk of sexual misconduct in the field of dance instruction. This is not vague and creates a genuine issue of fact on foreseeability&hellip;.</p></blockquote>
<p>The post <a href="https://reason.com/volokh/2026/08/21/watch-out-with-dancing-it-might-lead-to-sex/">Watch out with Dancing; It Might Lead to Sex</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				What Authority Allowed Justice Rehnquist to Sit by Designation on the Federal District Court?			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/what-authority-allowed-justice-rehnquist-to-sit-by-designation-on-the-federal-district-court/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398190</id>
		<updated>2026-08-21T15:23:07Z</updated>
		<published>2026-08-21T12:00:09Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[The record From Justice Rehnquist's 1984 civil trial does not provide an answer.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/what-authority-allowed-justice-rehnquist-to-sit-by-designation-on-the-federal-district-court/">
			<![CDATA[<p>In a future column, I will propose that the Supreme Court Justices should resume circuit riding. Whatever grievances eighteenth century justices raised about riding on horseback and boat have no relevance today. The Justices routinely travel around the globe in cushy airplanes and black SUVs. There will be more work. Deal with it.</p>
<p>A likely rejoinder, of course, is that the seven of the Justices are not equipped to be trial court judges. (I exclude Justices Sotomayor and Jackson, who both would be at home in a district court). Indeed, Justice Rehnquist famously presided over a civil trail in federal court in Richmond, and was <a href="https://law.justia.com/cases/federal/appellate-courts/F2/813/401/240026/">unanimously reversed by the Fourth Circuit</a>. This single anecdote is held up as a reason why Supreme Court justices have no business riding circuit. I don't buy it. Most trial court judges need some time to ramp up and are not at their best during their first trial. If at first you don't succeed, try, try again.</p>
<p>I've long been curious about this event, but couldn't find many details about it, other than some contemporary <a href="https://www.washingtonpost.com/archive/local/1984/05/12/us-supreme-court-justice-rehnquist-to-sit-as-judge-in-a-civil-rights-trial/d8ab359a-7d7d-44d6-bf5d-b0acfc198d50/">news accounts</a>. I located the entire trial court record, which was stored at the National Archives in Philadelphia. My sincere thanks to Cana Cossin, a student at Penn Law, for scanning the entire record. I will write about these documents more in depth at another time. Here, I just wanted to raise a question that I did not find an answer to: what gave Rehnquist the authority to preside over the trial?</p>
<p>Nothing in the trial court record reflects this issue. Everyone just acted as if it could be done.</p>
<p>Under <a href="https://www.law.cornell.edu/uscode/text/28/294">28 U.S.C. § 294</a>, the chief justice of the United States is authorized to allow retired justices to sit by designation on the lower courts. But there is no comparable authority for an active Justice to sit by designation. It has been done before. For example, in <a href="https://law.justia.com/cases/federal/appellate-courts/F2/193/86/349580/">Field v. United States</a> (1951), Justice Stanley F. Reed sat on the Second Circuit in his capacity as "Acting Circuit Justice."</p>
<p>Does anyone know the statutory authority for these appointments?</p>
<p><strong>Update</strong>: A colleague writes in with one possible path:</p>
<p>28 U.SC. § 291(b) allows the Chief Judge of a circuit to designate any circuit judge to sit as a district court judge, including a judge temporarily designated as a circuit judge.</p>
<blockquote><p>(b) The chief judge of a circuit or the circuit justice may, in the public interest, designate and assign temporarily any circuit judge within the circuit, including a judge designated and assigned to temporary duty therein, to hold a district court in any district within the circuit.</p></blockquote>
<p>28 U.S.C. § 43(b) says that the justice for a circuit is competent to sit as a circuit judge</p>
<blockquote><p>(b) Each court of appeals shall consist of the circuit judges of the circuit in regular active service. The circuit justice and justices or judges designated or assigned shall be competent to sit as judges of the court.</p></blockquote>
<p>28 U.S. § 42 allows more than one justice to be a justice for a circuit.</p>
<blockquote><p>A justice may be assigned to more than one circuit, and two or more justices may be assigned to the same circuit.</p></blockquote>
<p>Chief Justice Burger could have temporarily assigned Rehnquist to also be a Circuit Justice of the Fourth Circuit, which would have made him competent to sit as a Fourth Circuit judge, and then the Chief Judge of the Fourth Circuit could designate Rehnquist as the District Court judge.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/21/what-authority-allowed-justice-rehnquist-to-sit-by-designation-on-the-federal-district-court/">What Authority Allowed Justice Rehnquist to Sit by Designation on the Federal District Court?</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Today in Supreme Court History: August 21, 1798			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/today-in-supreme-court-history-august-21-1798-6/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8365856</id>
		<updated>2026-01-26T16:18:05Z</updated>
		<published>2026-08-21T11:00:26Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Today in Supreme Court History" />		<summary type="html"><![CDATA[8/21/1798: Justice James Wilson dies.
The post Today in Supreme Court History: August 21, 1798 appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/today-in-supreme-court-history-august-21-1798-6/">
			<![CDATA[<p>8/21/1798: <a href="https://conlaw.us/justices/james-wilson/">Justice James Wilson</a> dies.</p> <figure id="attachment_8053382" aria-describedby="caption-attachment-8053382" style="width: 252px" class="wp-caption aligncenter"><img decoding="async" class="size-medium wp-image-8053382" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2020/03/1789-Wilson-252x300.jpg" alt="" width="252" height="300" srcset="https://reason.com/wp-content/uploads/2020/03/1789-Wilson-252x300.jpg 252w, https://reason.com/wp-content/uploads/2020/03/1789-Wilson-859x1024.jpg 859w, https://reason.com/wp-content/uploads/2020/03/1789-Wilson-768x916.jpg 768w, https://reason.com/wp-content/uploads/2020/03/1789-Wilson-1288x1536.jpg 1288w, https://reason.com/wp-content/uploads/2020/03/1789-Wilson.jpg 1536w" sizes="(max-width: 252px) 100vw, 252px" /><figcaption id="caption-attachment-8053382" class="wp-caption-text">Justice James Wilson</figcaption></figure><p>The post <a href="https://reason.com/volokh/2026/08/21/today-in-supreme-court-history-august-21-1798-6/">Today in Supreme Court History: August 21, 1798</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>J.D. Tuccille</name>
							<uri>https://reason.com/people/jd-tuccille/</uri>
						<email>jtuccille@gmail.com</email>
					</author>
					<title type="html"><![CDATA[
				Planned New Battleships Come With a High Price Tag and an Uncertain Future			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/planned-new-battleships-come-with-a-high-price-tag-and-an-uncertain-future/" />
		<id>https://reason.com/?p=8398386</id>
		<updated>2026-08-21T03:03:44Z</updated>
		<published>2026-08-21T11:00:09Z</published>
			<category scheme="https://reason.com/latest/" term="Defense" /><category scheme="https://reason.com/latest/" term="Defense Spending" /><category scheme="https://reason.com/latest/" term="Endless War" /><category scheme="https://reason.com/latest/" term="Navy" /><category scheme="https://reason.com/latest/" term="War" /><category scheme="https://reason.com/latest/" term="Federal government" /><category scheme="https://reason.com/latest/" term="Government Spending" /><category scheme="https://reason.com/latest/" term="Government Waste" /><category scheme="https://reason.com/latest/" term="Trump Administration" />		<summary type="html"><![CDATA[Large warships could prove to be expensive drone sponges without a clear mission.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/21/planned-new-battleships-come-with-a-high-price-tag-and-an-uncertain-future/">
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		<p>With control of the Strait of Hormuz up for grabs in the U.S. conflict with Iran, it's not surprising that President Donald Trump has naval matters on his mind. After all, patrolling sea lanes requires effective warships and the ability to keep them on station. The question is whether the president's ambitious plans for remaking the U.S. Navy with a new class of battleships and a return to older technology on aircraft carriers can live up to the hype. It's an important concern at a moment when <a href="https://reason.com/2026/08/20/40-trillion-and-parents-night-out/">U.S. federal debt has hit $40 trillion</a>, because the Trump administration's plans are expensive.</p>
<hr />
<h2>New Battleships: High in Cool Factor and Expense</h2>
<p>Last December, Trump, Secretary of Defense Pete Hegseth, and Secretary of the Navy John C. Phelan <a href="https://www.navy.mil/Press-Office/Press-Releases/display-pressreleases/Article/4366856/president-trump-announces-new-battleship/">announced</a> "their intent to construct a new class of American-designed battleships that will be the most lethal surface combatant ever constructed."</p>
<p>Technical specifications <a href="https://news.usni.org/2025/12/22/trump-unveils-new-battleship-class-proposed-uss-defiant-will-be-largest-u-s-surface-combatant-since-wwii">published</a> by the U.S. Naval Institute put the ships at more than 35,000 tons displacement. "That's more than double the size of the 15,000-ton Zumwalt class of destroyers, which is the largest surface combatant currently in the fleet," according to Mallory Shelbourne and Sam LaGrone of USNI News. Aircraft carriers like the USS Gerald R. Ford are larger, at around 100,000 tons, as are amphibious warfare ships like the USS America, at about 45,000 tons. But the new class of battleships, starting with the proposed USS Defiant, are combatant vessels armed with cruise missiles, 5-inch guns, rail guns, and the possibility of advanced systems including directed energy weapons.</p>
<p>The planned ships have a high cool factor for those of us who spend a lot of time reading up on technology and military history. But they have equally high price tags.</p>
<p>"The total cost of the Navy's new nuclear-powered battleship program would be about $275 billion (in 2026 dollars) over the 2027–2056 period," the Congressional Budget Office (CBO) <a href="https://www.cbo.gov/publication/62550">reported</a> this month. "The first ship would cost about $23 billion. For the 15 ships that would be purchased through 2056, the cost would average slightly more than $18 billion per ship."</p>
<p>The CBO report added, "the average annual amount of funding needed to buy surface combatants would rise by slightly more than two-thirds, from about $11 billion to $19 billion." Constructing such large surface combatant vessels "could be a challenge for the shipbuilding industry."</p>
<p>That's expensive, especially for a government that's already keeping itself going by skating along on growing debt with no apparent plan for paying back creditors—so far, to the tune of over $40 trillion.</p>
<p>That still might be worthwhile if it prevents something even more expensive—say a lost military conflict with another power, like China. But the proposal for a new class of large surface warships comes at a time when navies are wondering whether such vessels are obsolete.</p>
<hr />
<h2>Large Vessels Are Especially Vulnerable in Modern Warfare</h2>
<p>In the modern world, <a href="https://www.19fortyfive.com/2026/07/every-navys-biggest-fear-their-entire-fleet-could-soon-become-as-obsolete-as-a-battleship/">noted</a> Harry J. Kazianis in June for national security publication <em>1945</em>, "aircraft carriers, destroyers, frigates, amphibious ships, patrol vessels, and supply ships operate under a threat web built from satellites, long-range missiles, aerial drones, and explosive unmanned boats." In its war with Russia, Ukraine sank much of the aggressor nation's Black Sea fleet "with shore-launched missiles, aerial drones, and unmanned surface craft despite beginning the war without a major surface fleet." Drones, especially, are much cheaper than the missiles that warships commonly use to defend themselves. Swarms of drones can drain naval magazines of their armaments at relatively low cost.</p>
<p>In response, "defensive layers must become cheaper and more numerous," Kazianis added. Current thinking about naval warfare in the years to come is that "crewed ships will still fight on the surface. They will do it dispersed, connected to unmanned partners and far less willing to let one expensive hull carry every mission."</p>
<p>That raises questions about the wisdom of building what could prove to be $20 billion drone sponges.</p>
<p>Also of questionable wisdom is Trump's <a href="https://www.whitehouse.gov/presidential-actions/2026/08/rebuilding-the-united-states-navy-and-americas-shipbuilding-industrial-base/">plan</a> to replace modern Electromagnetic Aircraft Launch Systems (ELAM) on aircraft carriers with old-school steam catapults.</p>
<p>"The new mandate would likely cost billions of dollars and revert the Navy's most advanced ships to a system that takes more sailors to operate and is more difficult to maintain," <a href="https://apnews.com/article/trump-aircraft-carriers-steam-catapults-ffa9f3ce102ecd5d6126db03e901a56f">according</a> to the Associated Press' Konstantin Toropin.</p>
<p>There's certainly a school of thought in the navy that prefers the older technology. But the latest aircraft carriers were designed <a href="https://www.wsj.com/us-news/trump-orders-navy-to-restore-old-technology-in-aircraft-carriers-costing-billions-0055ec1b">without the piping</a> needed for the steam catapults and rebuilding them will cost time and money at a moment when an already-broke government plans a new class of battleships.</p>
<hr />
<h2>Do We Need Large Warships When We're Quitting the Job of Global Cop?</h2>
<p>Then there's the question of mission. The U.S. Navy is currently the only real globe-roaming navy, and it's been slowly retreating from that role in a changing world. Geopolitical strategist Peter Zeihan <a href="https://zeihan.com/deglobalization-the-us-navys-withdrawal-as-global-protector/">commented in 2023</a> that after World War II, the U.S. was the only (relatively) free country left standing that hadn't been devastated by the conflict. To counter the Soviet Union, "the U.S. sent its Navy out to patrol the global oceans so that anyone could trade with anyone at any time" to build alliances based on commerce and access to the American market.</p>
<p>But this has been a massive commitment to maintaining freedom of navigation for the benefit of the entire planet. Zeihan added that "Americans have been moving away from maintaining this system" after concluding "the strategic case for globalization and keeping the sea lanes opened has weakened."</p>
<p>Yes, the U.S. is currently embroiled in an air and naval conflict with Iran in the Persian Gulf. But <a href="https://www.kcra.com/article/uss-abraham-lincoln-deployment-mental-health-concerns/73423842">headlines have focused</a> on the stresses of shipboard life during extended deployments, suggesting Americans are leery of what's required to patrol sea lanes mostly used by other countries. The U.S. hasn't formally withdrawn from the role of providing global maritime security, but we're ambivalent at best.</p>
<p>So, if the U.S. is slowly disengaging from the role of global ocean cop, should Americans really expend resources on a new class of battleships that may be vulnerable to relatively cheap modern weapons? Should we be expending more billions on even larger aircraft carriers to retrofit them with old technology?</p>
<p>The U.S. needs a navy. But it should be one suited to the country's requirements, which increasingly look oriented towards defending the homeland rather than projecting power around the world. And the government's military expenditures should acknowledge the constraints imposed by its debt burden.</p>
<p>The post <a href="https://reason.com/2026/08/21/planned-new-battleships-come-with-a-high-price-tag-and-an-uncertain-future/">Planned New Battleships Come With a High Price Tag and an Uncertain Future</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Illustration: U.S. Navy Mass Communication Specialist 2nd Mark Logico/Wikimedia Commons/Michael Brochstein/ZUMAPRESS/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[President Donald Trump and a warship]]></media:description>
		<media:title><![CDATA[trump battleships-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Katherine Mangu-Ward</name>
							<uri>https://reason.com/people/katherine-mangu-ward/</uri>
						<email>kmw@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Review: A Novel Capturing the Cruelty of Mass Incarceration			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/the-hill/" />
		<id>https://reason.com/?p=8387670</id>
		<updated>2026-06-23T20:19:35Z</updated>
		<published>2026-08-21T10:00:13Z</published>
			<category scheme="https://reason.com/latest/" term="Book Reviews" /><category scheme="https://reason.com/latest/" term="Mass incarceration" /><category scheme="https://reason.com/latest/" term="Prisons" /><category scheme="https://reason.com/latest/" term="book" /><category scheme="https://reason.com/latest/" term="Novel" /><category scheme="https://reason.com/latest/" term="Reviews" /><category scheme="https://reason.com/latest/" term="Staff Reviews" />		<summary type="html"><![CDATA[The Hill resembles author Harriet Clark's own experience.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/21/the-hill/">
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										alt="ministhehill | Photo: The Hill/Macmillan Publishers"
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		</div>
		<p>Suzanna's fictional mother in <a href="https://www.amazon.com/dp/B0F5PDVXF7/ref=nosim?tag=reasonmagazinea-20"><em>The Hill</em></a>—much like author Harriet Clark's real-life mother—is imprisoned for a botched leftist bank robbery. Suzanna's childhood is a dreamy <em>Groundhog Day</em> loop of visits, guards, waiting rooms, fluorescent lights, and adult evasiveness. She visits her mom every week, first with the simple commitment of a child and later with more complicated feelings.</p>
<p>Querulous nostalgia for communism and a mute acceptance of violent leftism structure the lives of three generations of women in the story. But if there is a political lesson of <em>The Hill</em>, it can be found somewhere in the foggy way it captures and condemns the cruel illogic of mass incarceration: In punishing one person, the state quietly sentences everyone around her to a life organized by her cage.</p>
<p>The post <a href="https://reason.com/2026/08/21/the-hill/">Review: A Novel Capturing the Cruelty of Mass Incarceration</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
							<media:credit><![CDATA[Photo: The Hill/Macmillan Publishers]]></media:credit>
		<media:title><![CDATA[ministhehill]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/06/ministhehill.jpg" width="1161" height="653" />
	</entry>
		<entry>
					<author>
			<name>Charles Oliver</name>
							<uri>https://reason.com/people/charles-oliver/</uri>
					</author>
					<title type="html"><![CDATA[
				Brickbat: Paying More for Less			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/21/brickbat-paying-more-for-less/" />
		<id>https://reason.com/?p=8397999</id>
		<updated>2026-08-19T23:35:02Z</updated>
		<published>2026-08-21T08:00:34Z</published>
			<category scheme="https://reason.com/latest/" term="Business and Industry" /><category scheme="https://reason.com/latest/" term="Labor Unions" /><category scheme="https://reason.com/latest/" term="Amazon" /><category scheme="https://reason.com/latest/" term="Brickbats" /><category scheme="https://reason.com/latest/" term="New York City" /><category scheme="https://reason.com/latest/" term="Zohran Mamdani" />		<summary type="html"><![CDATA[New York City Mayor Zohran Mamdani is supporting a proposed law that would require Amazon and other large delivery companies to&#8230;
The post Brickbat: Paying More for Less appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/21/brickbat-paying-more-for-less/">
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										alt="New York City Mayor Zohran Mamdani | Porter/ AdMedia / MEGA / Newscom/JGLIT/Newscom"
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		<p>New York City Mayor Zohran Mamdani is <a href="https://nypost.com/2026/08/10/business/nyc-mayor-mamdani-backs-amazon-delivery-worker-bill-escalating-fight-with-retail-giant/">supporting</a> a proposed law that would require Amazon and other large delivery companies to directly employ delivery workers instead of using independent delivery companies. Mamdani says the law would protect workers and make large corporations more responsible for their labor practices. Amazon and other opponents argue that the measure could hurt thousands of workers and small businesses that currently handle deliveries, while also making deliveries slower and more expensive. A study commissioned by local business groups estimates that the law could cost the average New York household about $664 more per year, and opponents argue it could put as many as 10,000 delivery jobs at risk as retailers move their logistics operations out of the city. Supporters, including the Teamsters union, say Amazon's subcontracting system allows the company to avoid responsibility for its workers.</p>
<p>The post <a href="https://reason.com/2026/08/21/brickbat-paying-more-for-less/">Brickbat: Paying More for Less</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Porter/ AdMedia / MEGA / Newscom/JGLIT/Newscom]]></media:credit>
		<media:description type="html"><![CDATA[New York City Mayor Zohran Mamdani]]></media:description>
		<media:title><![CDATA[zohran-mamdani]]></media:title>
		<media:thumbnail url="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/zohran-mamdani-1200x675.jpg" width="1200" height="675" />
	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Open Thread			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/21/open-thread-303/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398185</id>
		<updated>2026-08-21T07:00:00Z</updated>
		<published>2026-08-21T07:00:00Z</published>
			<category scheme="https://reason.com/latest/" term="Politics" />		<summary type="html"><![CDATA[What’s on your mind?]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/21/open-thread-303/">
			<![CDATA[<p>The post <a href="https://reason.com/volokh/2026/08/21/open-thread-303/">Open Thread</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
]]>
		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"And Then &#8230; Nothing Happened, in the Most Brutal Way Possible"			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/20/and-then-nothing-happened-in-the-most-brutal-way-possible/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398418</id>
		<updated>2026-08-21T01:36:02Z</updated>
		<published>2026-08-21T01:36:02Z</published>
					<summary type="html"><![CDATA[Ed Morrissey (Hot Air) opines on Prince Harry's and Meghan Markle's return to England. I know nothing about the subject,&#8230;
The post &#34;And Then &#8230; &#60;i&#62;Nothing&#60;/i&#62; Happened, in the Most Brutal Way Possible&#34; appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/20/and-then-nothing-happened-in-the-most-brutal-way-possible/">
			<![CDATA[<p><a href="https://hotair.com/ed-morrissey/2026/08/20/are-you-ready-for-megxit-2-back-to-britain-boogaloo-n3818188">Ed Morrissey (Hot Air)</a> opines on Prince Harry's and Meghan Markle's return to England. I know nothing about the subject, and care even less. But I loved the line.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/20/and-then-nothing-happened-in-the-most-brutal-way-possible/">&quot;And Then &hellip; &lt;i&gt;Nothing&lt;/i&gt; Happened, in the Most Brutal Way Possible&quot;</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Suit Over Defendant Allegedly Yanking on Israeli Flag Plaintiff Had Tied Around Neck, Choking Her, Can Go Forward			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/20/suit-over-defendant-allegedly-yanking-on-israeli-flag-plaintiff-had-tied-around-neck-choking-her-can-go-forward/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398387</id>
		<updated>2026-08-20T21:43:21Z</updated>
		<published>2026-08-20T21:43:21Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Discrimination" />		<summary type="html"><![CDATA[Excerpts from Tuesday's long opinion by Judge Trevor McFadden (D.D.C.) in Sumrall v. Ali: [1.] Kimmara Sumrall and Janine Ali&#8230;
The post Suit Over Defendant Allegedly Yanking on Israeli Flag Plaintiff Had Tied Around Neck, Choking Her, Can Go Forward appeared first on Reason.com.
]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/20/suit-over-defendant-allegedly-yanking-on-israeli-flag-plaintiff-had-tied-around-neck-choking-her-can-go-forward/">
			<![CDATA[<p>Excerpts from Tuesday's long opinion by Judge Trevor McFadden (D.D.C.) in<a href="https://storage.courtlistener.com/recap/gov.uscourts.dcd.282707/gov.uscourts.dcd.282707.46.0.pdf"> <em>Sumrall v. Ali</em></a>:</p>
<blockquote><p><strong>[1.] </strong>Kimmara Sumrall and Janine Ali stand on dueling sides of a longtime conflict. Sumrall supports Israel as an expression of her Jewish identity. Ali opposes many of Israel's policies, especially in Gaza. Sumrall alleges that Ali crossed from political dissent into discriminatory violence when she attacked Sumrall at a protest. After an evidentiary hearing, this Court granted Sumrall a preliminary injunction in the form of a narrow stay-away order against Ali. Ali now moves to dismiss Sumrall's Amended Complaint and to reconsider the preliminary injunction.</p>
<p>The Court denies Ali's motion to dismiss on all counts except Sumrall's claim for intentional infliction of emotional distress. Sumrall states a plausible claim under 42 U.S.C. § 1981, which covers discriminatory private violence like the battery that Sumrall alleges. All but one of Sumrall's claims under District of Columbia law also survive. Only her action for intentional infliction of emotional distress fails to clear that tort's high bar&hellip;.</p>
<p><strong>[2.] </strong>[According to the Complaint,] Sumrall is "a Jewish-American who feels and publicly expresses a deep affinity for Israel, her ancestral homeland." In November 2024, she took part in a "pro-Israel demonstration" at the Dirksen Senate Office Building. At that demonstration, Sumrall "wore an Israeli flag, tied at her neck, as a cape."</p>
<p>Ali was also there that day, attending "an anti-Israel demonstration." "When [Sumrall] was isolated from her group, [Ali] approached [Sumrall] from behind &hellip; and yanked on [Sumrall's] Israel flag, having the harmful effect of briefly choking [Sumrall] and causing her pain and disorientation." Sumrall then saw Ali "walking away from her" and "yelled for the police to address the situation." U.S. Capitol Police Officer Reed Bonney arrested Ali over her objection that "all [she] did was grab it." &hellip;</p>
<p><strong>[3.] </strong>Section 1981's text declares its broad reach. Recall that the statute grants all persons "the same right &hellip; to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens." &hellip; [It does not] contain a state action requirement, whether for the Equal Benefit Clause or any of its other protections. The statute instead spells out that "[t]he rights protected by this section are protected against impairment by nongovernmental discrimination." Among those is the "right &hellip; to the full and equal benefit of all laws and proceedings for the security of persons and property." § 1981(a). Like the other § 1981 rights, then, the "equal benefit" right is protected against private action that would infringe someone's "security" or "property" on account of race.</p></blockquote>
<p><span id="more-8398387"></span></p>
<blockquote><p>The historical backdrop further suggests that the Equal Benefit Clause guards against private discriminatory attacks on "the security of persons and property." Remember that § 1981 was part of the Civil Rights Act of 1866—"an immediately post-Civil War legislative effort to ensure that newly freed slaves received the same rights as other citizens." In the Reconstruction Era, freed slaves were systematically targeted by the Ku Klux Klan and other Southern Democrats to prevent them from exercising their newfound rights&hellip;.</p>
<p>As the final element of her § 1981 claim, Sumrall must plausibly allege that Ali "intended to discriminate against [her] on the basis of race." She meets that burden&hellip;. She plausibly alleges that Ali battered her because she is Jewish—"approach[ing] [her] from behind &hellip; and yank[ing] on [her] Israel flag, having the harmful effect of briefly choking [her] and causing her pain and disorientation." As the Court reasoned before, "[t]he Star of David—emblazoned upon the Israeli flag—symbolizes the Jewish race." And "[b]attery, particularly involving a racial symbol, is strong evidence of racial discrimination." In granting the preliminary injunction, the Court thus found that Ali's attack amounted to "direct evidence of racial discrimination," and the Court reaffirms that finding here.</p>
<p>At the very least, Ali's battery constitutes powerful circumstantial evidence of racial discrimination—especially in light of Sumrall's other allegations about the parties' history. Recall, for example, that Ali "was present approximately ten times at anti-Israel gatherings that [Sumrall] attended in support of Israel." At one of those encounters, Ali "verbally attacked the Jews present with slurs such as 'baby killer,' 'committing genocide,' and 'most of you are disgusting ex-IDF soldiers.'" On another occasion, Ali "glared furiously at [Sumrall] and other Jews supporting [a] rabbi" during a court hearing. Taken together and considered along with the battery itself, these allegations surmount the dismissal stage's prima facie bar.</p>
<p>As she did at the preliminary injunction stage, Ali asserts that her actions were motivated by politics, not race. She insists that "criticism of Israel does not constitute racial animus towards Jewish people." But that argument is misplaced at the dismissal stage, where the Court credits Sumrall's allegations and grants her "all inferences that can be derived from the facts alleged." Whether Ali can rebut Sumrall's prima facie case of racial discrimination is a matter for discovery and summary judgment&hellip;.</p>
<p><strong>[4.] </strong>"In order to prove the tort of intentional infliction of emotional distress, a plaintiff must show (1) extreme and outrageous conduct on the part of the defendant which (2) intentionally or recklessly (3) causes the plaintiff to suffer severe emotional distress." "The requirement of outrageousness is not an easy one to meet." "Liability will be imposed only for conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." &hellip;</p>
<p>Although Sumrall's allegations overcome dismissal on all other fronts, they do not amount to "conduct so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community." [Discussion of precedents omitted. -EV]</p>
<p><strong>[5.] </strong>"A trespass to a chattel may be committed by intentionally (a) dispossessing another of the chattel, or (b) using or intermeddling with a chattel in the possession of another." &hellip; Sumrall states a plausible claim for trespass to chattels. She pleads that Ali "intentionally used or intermeddled with" Sumrall's Israeli flag by yanking on it. That "intermeddling caused bodily harm to [Sumrall], briefly strangling her and causing her pain and disorientation." Those allegations contain all the necessary elements.</p>
<p>Ali contends that Sumrall's claim must fail because she "has not and cannot claim that her Israeli flag was damaged." That argument ignores the separate and independent ground for liability that exists if the defendant's trespass causes physical injury to the plaintiff&hellip;.</p>
<p><strong>[6.]</strong> D.C. Code § 22-3704 &hellip; provides:</p>
<blockquote><p>Irrespective of any criminal prosecution &hellip;, any person who incurs injury to his or her person or property as a result of an intentional act that demonstrates an accused's prejudice based on the actual or perceived race [or various other identity attributes] of a victim of the &hellip; act shall have a civil cause of action &hellip;.</p></blockquote>
<p>"Based on the clear statutory language, [Sumrall] ha[s] a civil cause of action under § 22-3704 because [she] [was] the victim[ ] of a designated act, &hellip; battery." Sumrall plausibly alleges that she "incur[red] injury to &hellip; her person &hellip; as a result of an intentional act that demonstrate[d] [Ali's] prejudice" against her as a Jewish person.</p>
<p>To contest this claim, Ali largely rehashes her assertion that protesting Israel, including by damaging the Israeli flag, does not constitute prejudice against Jewish people. But once again, "draw[ing] all reasonable inferences" in Sumrall's favor, the Court rejects Ali's contention&hellip;.</p></blockquote>
<p>The court also reaffirms its earlier preliminary injunction; more on that injunction in <a href="https://reason.com/volokh/2025/08/05/finding-that-defendant-had-yanked-on-israeli-flag-plaintiff-had-tied-around-neck-choking-her-leads-to-3-yard-stay-away-order-against-defendant/">this post</a>. Note that defendant's motion to dismiss didn't challenge the battery claim (though of course she'll be free to challenge that claim at later stages of the case).</p>
<p>Abra Siegel (National Jewish Advocacy Center) and Adrien Caulder Pickard (Barclay Damon LLP) represent plaintiff.</p>
<p>&nbsp;</p>
<p>The post <a href="https://reason.com/volokh/2026/08/20/suit-over-defendant-allegedly-yanking-on-israeli-flag-plaintiff-had-tied-around-neck-choking-her-can-go-forward/">Suit Over Defendant Allegedly Yanking on Israeli Flag Plaintiff Had Tied Around Neck, Choking Her, Can Go Forward</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Reem Ibrahim</name>
							<uri>https://reason.com/people/reem-ibrahim/</uri>
					</author>
					<title type="html"><![CDATA[
				Censors Seize on Jason Arday's Death as Excuse To Demand More Censorship			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/20/censors-seize-on-jason-ardays-death-as-excuse-to-demand-more-censorship/" />
		<id>https://reason.com/?p=8398346</id>
		<updated>2026-08-20T21:15:51Z</updated>
		<published>2026-08-20T21:15:51Z</published>
			<category scheme="https://reason.com/latest/" term="Education" /><category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Journalism" /><category scheme="https://reason.com/latest/" term="Investigative Journalism" /><category scheme="https://reason.com/latest/" term="Press" /><category scheme="https://reason.com/latest/" term="United Kingdom" />		<summary type="html"><![CDATA[Politicians respond to tragedy by demanding more regulation of journalism.]]></summary>
					<content type="html" xml:base="https://reason.com/2026/08/20/censors-seize-on-jason-ardays-death-as-excuse-to-demand-more-censorship/">
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										alt="Jason Arday | Phil Lewis/ZUMAPRESS/Newscom/Wikimedia Commons"
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		<p><span style="font-weight: 400">Last week's death of Jason Arday—the youngest black professor in the University of Cambridge's history—who </span><a href="https://www.telegraph.co.uk/news/2026/07/24/cambridges-diversity-poster-boy-in-plagiarism-row/"><span style="font-weight: 400">was accused</span></a><span style="font-weight: 400"> of widespread plagiarism, has created a firestorm of reactions.</span></p>
<p><span style="font-weight: 400">Some say Arday was targeted by racially motivated reactionaries who unfairly used him to dunk on diversity, equality, and inclusion. Cambridge Chancellor Chris Smith </span><a href="https://www.bbc.com/news/articles/clyxklg3xypo"><span style="font-weight: 400">called</span></a><span style="font-weight: 400"> the media investigations into Arday a "racist feeding frenzy," and Simon Woolley, principal of Homerton College at Cambridge, </span><a href="https://www.bbc.com/news/articles/cwymmp30711o"><span style="font-weight: 400">said</span></a><span style="font-weight: 400"> Arday had been subjected to a "vicious witch hunt," reports the BBC. Others have gone a step further, calling for a crackdown on press freedoms.</span></p>
<p><span style="font-weight: 400">"Freedom of the press should never have been freedom to own and dominate the press. (And push constant misinformation and lies.)," Zack Polanski, leader of the Green Party, </span><a href="https://x.com/ZackPolanski/status/2089789473777176763"><span style="font-weight: 400">wrote</span></a><span style="font-weight: 400"> on X. "Media regulation. Now."</span></p>
<p><span style="font-weight: 400">After prominent journalist Andrew Neil challenged Polanski's proposal and called it "fascism," Polanski decided to </span><a href="https://x.com/ZackPolanski/status/2089829574356193745?s=20"><span style="font-weight: 400">double down</span></a><span style="font-weight: 400"> by saying, "A few billionaires owning the majority of the press and behaving however they want is not a free press. Change is coming."</span></p>
<p><span style="font-weight: 400">The proposed press censorship is dystopian in itself, but Polanski's claim that the "billionaires" own "the majority" of the press is less true today than it ever has been. According to Ofcom, the British media regulator, </span><a href="https://www.ofcom.org.uk/media-use-and-attitudes/attitudes-to-news/top-trends-from-our-latest-look-at-the-uks-news-habits"><span style="font-weight: 400">more than half</span></a><span style="font-weight: 400"> of U.K. adults use social media to get their news. In 2025, </span><i><span style="font-weight: 400">Press Gazette</span></i> <a href="https://pressgazette.co.uk/media-audience-and-business-data/media_metrics/most-popular-newspapers-uk-abc-monthly-circulation-figures-2/"><span style="font-weight: 400">reported</span></a><span style="font-weight: 400"> that 11 major national newspapers were suffering double-digit, year-on-year circulation declines, with several losing around a fifth or more of their print readership. In other words, the media landscape is now far more decentralized than ever, and the barrier to entry is far lower (thanks in large part to the billionaires who have created the technology and platforms to do so).</span></p>
<p><span style="font-weight: 400">This has not stopped progressive zealots from virtue signaling and joining the demand for press censorship. Writer Will Self </span><a href="https://x.com/wself/status/2089334077635641747?s=20"><span style="font-weight: 400">wrote</span></a><span style="font-weight: 400"> an open letter to Prime Minister Andy Burnham, calling on the government to "establish a full independent public inquiry" and for the police to begin "impounding computers." He assures readers that "this is not an attack upon a free press," but that "you don't have to be innocent to possess a right not to be collectively destroyed."</span></p>
<p><span style="font-weight: 400">Polanski and several Labour members of Parliament have signed </span><a href="https://x.com/labourlewis/status/2090126502490775795?s=20"><span style="font-weight: 400">an open letter</span></a><span style="font-weight: 400"> demanding press regulation. The letter accuses the press of racism and calls for a government investigation by the Independent Press Standards Organisation into the accusations against Arday. Clive Lewis, a Labour politician, said that the articles about Arday "reached way beyond what could be reasonably considered in the public interest," and that "Accountability cannot mean turning a human being into public sport." He is one of 53 parliamentarians who have </span><a href="https://x.com/labourlewis/status/2090126502490775795?s=20"><span style="font-weight: 400">signed</span></a><span style="font-weight: 400"> the letter.</span></p>
<p><span style="font-weight: 400">These calls for censorship are not merely hypothetical. Last year, Jack Grove, a reporter for </span><i><span style="font-weight: 400">Times Higher Education (THE)</span></i><span style="font-weight: 400">, investigated Arday's extraordinary claims—including academic plagiarism, </span><a href="https://spectator.com/article/fact-check-the-many-claims-of-jason-arday/?edition=us"><span style="font-weight: 400">raising</span></a><span style="font-weight: 400"> 5 million pounds for charity and running 30 marathons in 35 days. Arday hired a defamation firm and reported Grove to the police, who then told Grove that he </span><a href="https://www.timeshighereducation.com/opinion/i-was-reported-police-over-arday-case-i-was-just-doing-my-job"><span style="font-weight: 400">must not</span></a><span style="font-weight: 400"> contact Arday again as "it was affecting his mental health."</span></p>
<p><i><span style="font-weight: 400">THE</span></i><span style="font-weight: 400"> decided not to run the story. "While I was personally disappointed," Grove later </span><a href="https://www.timeshighereducation.com/opinion/i-was-reported-police-over-arday-case-i-was-just-doing-my-job"><span style="font-weight: 400">wrote</span></a><span style="font-weight: 400">, "I understood; by this point, Arday's solicitors had been in touch with THE and it was clear that the story could tie the publication up in months of expensive litigation."</span></p>
<p><span style="font-weight: 400">The plagiarism rumors eventually reached Nathan Cofnas, a former researcher at Cambridge and now a Substack blogger, who investigated the claims himself and subsequently </span><a href="https://ncofnas.com/p/dei-fraud-and-cover-up-at-cambridge"><span style="font-weight: 400">broke the story</span></a><span style="font-weight: 400">.</span></p>
<p><span style="font-weight: 400">Perhaps, had the police not spent months investigating Grove, and had Grove been allowed to publish his findings, the story would have taken a different turn. The claims could have been "raised by a reputable sector publication, staffed by trained and conscientious journalists, which has no desire to inflict damage on the sector," </span><a href="https://www.timeshighereducation.com/opinion/i-was-reported-police-over-arday-case-i-was-just-doing-my-job"><span style="font-weight: 400">writes</span></a><span style="font-weight: 400"> Grove. "Instead, the legal threat meant they were picked up by a Substack blogger who knew the potency of what he had found and was ready to draw conclusions that I do not agree with."</span></p>
<p><span style="font-weight: 400">Of course, Arday's death is a tragedy, but the press have every right to ask questions. Arday was a high-profile academic who has </span><a href="https://niromp.org/wp-content/uploads/2020/11/19588-tbc2021report.pdf"><span style="font-weight: 400">advised</span></a><span style="font-weight: 400"> the British government on the national school curriculum. He </span><a href="https://committees.parliament.uk/oralevidence/2482/pdf/"><span style="font-weight: 400">testified before</span></a><span style="font-weight: 400"> parliamentary committees, worked at a taxpayer-funded institution, and was </span><a href="https://www.charlottecgill.co.uk/p/professor-jason-arday-listed-as-co"><span style="font-weight: 400">reportedly</span></a><span style="font-weight: 400"> working on projects that received millions of pounds of taxpayer cash.</span></p>
<p><span style="font-weight: 400">As </span><i><span style="font-weight: 400">Reason's</span></i><span style="font-weight: 400"> Robby Soave </span><a href="https://reason.com/video/2026/08/18/ibram-x-kendi-is-wrong-about-jason-arday/"><span style="font-weight: 400">noted</span></a><span style="font-weight: 400"> earlier this week, "if we start policing people for asking totally legitimate questions of public figures, like a notable academic, then we are quickly going to render important institutions—like academia—immune to criticism. That would be a terrible mistake, quite obviously."</span></p>
<p><span style="font-weight: 400">Press freedom is essential to a free society. Without it, people are prevented from obtaining necessary information in the public interest, and bad actors cannot be held accountable. The irony is that, while some politicians now argue that tighter press restrictions are needed to prevent another case like Arday's, it was arguably censorship that inflicted greater harm.</span></p>
<p>The post <a href="https://reason.com/2026/08/20/censors-seize-on-jason-ardays-death-as-excuse-to-demand-more-censorship/">Censors Seize on Jason Arday&#039;s Death as Excuse To Demand More Censorship</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Phil Lewis/ZUMAPRESS/Newscom/Wikimedia Commons]]></media:credit>
		<media:description type="html"><![CDATA[Jason Arday]]></media:description>
		<media:title><![CDATA[J-Arday-Death-Protest-8-19]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<author>
			<name>Christian Britschgi</name>
							<uri>https://reason.com/people/christian-britschgi/</uri>
						<email>christian.britschgi@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Jason Arday's Downfall, Lindsay Clancy Case, and the Surveillance State			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/podcast/2026/08/20/jason-ardays-downfall-lindsay-clancy-case-and-the-surveillance-state/" />
		<id>https://reason.com/?post_type=podcast&#038;p=8398257</id>
		<updated>2026-08-20T20:58:44Z</updated>
		<published>2026-08-20T21:00:22Z</published>
			<category scheme="https://reason.com/latest/" term="Criminal Justice" /><category scheme="https://reason.com/latest/" term="Culture" /><category scheme="https://reason.com/latest/" term="Movies" /><category scheme="https://reason.com/latest/" term="Music" /><category scheme="https://reason.com/latest/" term="Police" /><category scheme="https://reason.com/latest/" term="Police Abuse" /><category scheme="https://reason.com/latest/" term="Surveillance" /><category scheme="https://reason.com/latest/" term="Socialism" />		<summary type="html"><![CDATA[Robby Soave and Christian Britschgi take on press restrictions, the war on drugs, Flock cameras, data centers, dating, punk rock, and why war is still bad, actually.]]></summary>
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		<p>Robby Soave and Christian Britschgi kick off the episode by arguing against new proposed restrictions on the press in the wake of Jason Arday's death before turning to the Lindsay Clancy trial, the war on drugs, and the strange saga of "Pablo Pledgescobar." They also discuss the glory of My Chemical Romance and punk rock, why war is bad, and their concerns about Flock cameras. The episode closes with detours into <em data-start="417" data-end="432">28 Days Later</em>, the collapse of dating, and the shocking fact that some listeners may actually make it all the way to the end of the episode.</p>
<p>0:00—We do not need more restrictions on the press.</p>
<p class="p1">16:30—Lindsay Clancy trial</p>
<p class="p1">24:56—"Pablo Pledgescobar" and the war on drugs</p>
<p class="p1">34:35—My Chemical Romance concert was epic, and we miss punk rock.</p>
<p class="p1">45:00—"Freedom ain't free," and war is bad.</p>
<p>52:11—Christian defends data centers again.</p>
<p>59:12—We have some problems with Flock.</p>
<p>1:07:34—<em>28 Days Later</em></p>
<p>1:13:12—Nobody is dating anymore.</p>
<p>1:22:02—If you made it this far, we are actually surprised.</p>
<p>The post <a href="https://reason.com/podcast/2026/08/20/jason-ardays-downfall-lindsay-clancy-case-and-the-surveillance-state/">Jason Arday&#039;s Downfall, Lindsay Clancy Case, and the Surveillance State</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		<media:credit><![CDATA[Illustration: Fatima Ruiz]]></media:credit>
		<media:description type="html"><![CDATA[Christian Britschgi and Robby Soave discuss the surveillance state]]></media:description>
		<media:title><![CDATA[absurdist]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Robby Soave</name>
							<uri>https://reason.com/people/robby-soave/</uri>
						<email>robby.soave@reason.com</email>
					</author>
					<title type="html"><![CDATA[
				Bad Reasons and Worse Reasons to Hate Data Centers			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/20/bad-reasons-and-worse-reasons-to-hate-data-centers/" />
		<id>https://reason.com/?p=8398267</id>
		<updated>2026-08-21T14:55:29Z</updated>
		<published>2026-08-20T20:40:45Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Politics" /><category scheme="https://reason.com/latest/" term="Science &amp; Technology" /><category scheme="https://reason.com/latest/" term="Data Centers" /><category scheme="https://reason.com/latest/" term="Data Collection" />		<summary type="html"><![CDATA[It's not existential dread about the internet.]]></summary>
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		<p>It's a tough time to be a data center. These buildings—which to be clear, are a vital part of the modern tech-based economy and will only grow in importance as the AI boom continues—have suffered a complete collapse in overall public support.</p>  <p>Falling approval for data centers is rapid and sudden. A <a href="https://x.com/robinsonmeyer/status/2090457322506141760">poll from Heatmap News</a> found significant erosion over the course of the last year.</p>  <p>"It's a swift, massive shift in U.S. public opinion on a scale that I wouldn't have once thought possible," writes Robinson Meyer of Heatmap.</p> <p>This shift is happening in spite of the fact that data centers are economic boons to their neighbors. They generate <a href="https://www.city-journal.org/article/loudoun-county-virginia-data-centers-construction">so much money</a> for Loudoun County, Virginia, for example, that the local government was able to cut everybody else's property taxes. Yet people all over the country are saying they don't want to live next to them, and political figures are listening. Both <a href="https://www.politico.com/news/2026/08/19/how-data-centers-and-power-lines-could-turn-texas-governors-race-blue-01041065">Republican</a> and <a href="https://www.cbsnews.com/news/shapiro-ai-data-centers-pennsylvania/">Democratic</a> state officials have announced efforts to slow down the approval processes for new construction—over the objections of President Donald Trump, who remains <a href="https://x.com/ManhattanInst/status/2089431066612298016">extremely supportive</a> of data centers and frequently touts their benefits. For once, it's Trump who seems out of step with a growing left-right populist backlash against some economic consensus.</p> <p>But the question remains: Why? Why are people so furious about buildings?</p> <p>One answer, proposed by my friend Nick Clairmont, seized upon by a large number of commentators on X, is that people are not really mad about data centers <em>per se</em>: Instead, the data centers are a convenient scapegoat for the greater evil of the internet itself.</p> <blockquote class="twitter-tweet" data-width="500" data-dnt="true"> <p lang="en" dir="ltr">I think the data center backlash is at a deeper cultural level the expression of people recognizing that the internet is on net simply Bad. <a href="https://t.co/qOT3h3LFSG">https://t.co/qOT3h3LFSG</a></p> <p>&mdash; Nick Clairmont (@NickClairmont1) <a href="https://x.com/NickClairmont1/status/2090062971300930016?ref_src=twsrc%5Etfw">August 19, 2026</a></p></blockquote> <p><script async src="https://platform.x.com/widgets.js" charset="utf-8"></script></p> <p>Clairmont analogizes this to the public opposition to nuclear energy, which was really about existential fear of nuclear destruction. The comparison drew some criticism, with <em>The Washington Post</em>'s Damir Marusic <a href="https://x.com/dmarusic/status/2090114270331576586">pointing out</a> that people don't seem to agree the internet is bad for them, at least as far as consumer preferences go. (Clairmont responded that drug addicts have trouble recognizing that drugs are bad for them.)</p> <p>So in one sense we are just re-litigating the debate I wrote about in my book <em><a href="https://www.amazon.com/dp/1982159596/ref=nosim?tag=reasonmagazinea-20">Tech Panic: Why We Shouldn't Fear Facebook and Future.</a> </em>In that book, I mostly covered elite media and policymakers' sudden opposition to social media, rather than the internet specifically. I don't think the proposition <em>the internet itself is bad</em> is actually up for debate: Is it really possible to argue that human beings were better off without it? The slightly more sophisticated version of this argument is that the internet has created forms of communication that are addictive and polarizing and brain-rotting, and these make people unhappy even though they are addicted to them.</p> <p>Still, it's a curious argument for people who are themselves internet commentators to adopt: <a href="https://x.com/esaagar/status/2090148764916879513">Saagar Enjeti</a>, the co-host of the YouTube news show <em>Breaking Points</em>, is particularly impressed by it—even though he owes his entire career to online speech platforms. Presumably he does not believe that <em>Breaking Points' </em>2 million subscribers would be better off without it.</p> <p>In any case, the idea that <em>this </em>is why people don't like data centers strikes me as implausible, since the opposition to data centers frequently cites misguided but tangible criticisms like electricity costs, water usage, and noise. I suppose it's possible that these criticisms are manifestations of some deeper existential dread, but is that likely?</p> <p>It seems more likely—to me, anyway—that people are irritated about new construction and are falling for popular but incorrect talking points about how data centers are gobbling up resources. (This is untrue: See Christian Britschgi's essential <em>Reason </em>cover story <a href="https://reason.com/2026/03/07/the-joys-of-data-centers/">on the joy of data centers</a>.) Advocates for building new data centers need to do a better job explaining to the public that they create huge amounts of value, for the country overall as well as the communities where they're built.</p> <hr /> <h1>This Week on <em>Free Media</em></h1> <p>I explain why Jason Arday's tragic death is not a justification to start curtailing media coverage of plagiarism scandals.</p> <p><iframe loading="lazy" title="Jason Arday&amp;apos;s Death NO EXCUSE for Censorship!!!" width="500" height="281" src="https://www.youtube.com/embed/wgwmdxrhThw?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen></iframe></p> <hr /> <h1>Worth Watching</h1> <p><em>The Legend of Zelda </em>movie <a href="https://deadline.com/2026/08/legend-of-zelda-uli-latukefu-ganondorf-1237027872/">has found its Ganondorf!</a> This is great casting that makes me very excited for it.</p><p>The post <a href="https://reason.com/2026/08/20/bad-reasons-and-worse-reasons-to-hate-data-centers/">Bad Reasons and Worse Reasons to Hate Data Centers</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
							<media:credit><![CDATA[Svitlanah/Envato]]></media:credit>
		<media:description type="html"><![CDATA[Data center]]></media:description>
		<media:caption><![CDATA[Data center]]></media:caption>
		<media:text><![CDATA[Data center]]></media:text>
		<media:title><![CDATA[08.19.26-v1]]></media:title>
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	</entry>
		<entry>
					<author>
			<name>Josh Blackman</name>
							<uri>https://reason.com/people/josh-blackman/</uri>
					</author>
					<title type="html"><![CDATA[
				Another Unusual Footnote In An En Banc Fifth Circuit Opinion			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/20/another-unusual-footnote-in-an-en-banc-fifth-circuit-opinion/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398120</id>
		<updated>2026-08-21T12:46:29Z</updated>
		<published>2026-08-20T19:40:39Z</published>
					<summary type="html"><![CDATA[Something strange happened in these two cases.]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/20/another-unusual-footnote-in-an-en-banc-fifth-circuit-opinion/">
			<![CDATA[<p>Over the years, I have written about many unusual and fractured voting splits on the en banc Fifth Circuit. An en banc case decided last week made me think of another en banc case from last year.</p> <h2>Ethridge v. Samsung SDI</h2> <p>Let's start with <em>Ethridge v. Samsung SDI</em>, a personal injury case about exploding batteries. In May 2025, a divided three-judge panel (Jones, Oldham, King) <a href="https://cases.justia.com/federal/appellate-courts/ca5/23-40094/23-40094-2025-05-14.pdf?ts=1747265416">ruled</a> that the district court had personal jurisdiction over the defendant. Judge Oldham wrote the panel opinion, joined by Judge King. Judge Jones dissented, finding the district court lacked personal jurisdiction. The Defendant filed petitions for panel rehearing and en banc rehearing. In December 2025, the Fifth Circuit issued a very unusual <a href="https://www.ca5.uscourts.gov/opinions/pub/23/23-40094-CV1.pdf">order</a> with two components.</p> <p>The first component indicates that the three-judge panel granted the petition for panel rehearing, withdrew the panel opinion, and issued a four-page substitute opinion.</p> <blockquote><p>Andrew S. Oldham, Circuit Judge:</p> <p>IT IS ORDERED that the petition for panel rehearing is GRANTED. The court's prior panel opinion is WITHDRAWN, see Ethridge v. Samsung SDI Co., 137 F.4th 309 (5th Cir. 2025), and the following opinion is SUBSTITUTED therefor.</p></blockquote> <p>Now, the panel reversed itself and found that there was not personal jurisdiction. What caused the change? The Seventh Circuit <a href="https://law.justia.com/cases/federal/appellate-courts/ca7/24-2444/24-2444-2025-07-09.html">addressed</a> the same question "with the benefit of jurisdictional discovery." The panel stated "After reconsideration in light of [the Seventh Circuit precedent], we affirm the district court's dismissal for lack of personal jurisdiction."</p> <p>So far, nothing out of the ordinary. It is common enough for a panel to grant a petition for rehearing, especially if there is some relevant precedent from another circuit.</p> <p>The second component of the order is strange. The body of the order is two paragraphs, followed by a * footnote.</p> <blockquote><p>Per Curiam:</p> <p>The petition for rehearing en banc is DENIED because, at the request of one of its members, the court was polled, and a majority did not vote in favor of rehearing (Fed. R. App. P. 40 and 5th Cir. R. 40).</p> <p>In the en banc poll, 5 judges voted in favor of rehearing (Jones, Smith, Richman, Ho, and Engelhardt), and 11 judges voted against rehearing (Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Wilson, Douglas, and Ramirez).*</p> <p>* Judge Oldham's participation is not reflected because the panel granted rehearing. See Fed. R. App. 40(a) ("Panel rehearing is the ordinary means of reconsidering a panel decision; rehearing en banc is not favored."); 5th Cir. R. 40 I.O.P. ("Panel has control—Although each panel judge and every active judge receives a copy of the petition for rehearing en banc, the filing of a petition for rehearing en banc does not take the case out of the control of the panel deciding the case. A petition for rehearing en banc is treated as a petition for rehearing by the panel if no petition is filed. The panel may grant rehearing without action by the full court." (capitalization omitted; emphases added)).</p></blockquote> <p>A few things stand out.</p> <p>First, if the petition for <em>panel </em>rehearing was granted, why did the order need to indicate the outcome en banc poll? The usual approach is to say the petition for panel rehearing is granted and the petition for rehearing en banc is denied. Indeed, very often, the panel modifies its opinion to block en banc review. But this order still indicated that there was an en banc poll, and that the poll failed by a vote of 11-5.</p> <p>Second, this order raises some questions about timing. The Seventh Circuit's decision was issued in July 2025, about two months after the panel opinion. Was the en banc poll taken before or after the Seventh Circuit decided its case? The order reveals that the poll was conducted at the request of one member of the court. Was the petition for panel rehearing initially granted or was it held pending the en banc poll?</p> <p>Third, there are seventeen active members of the Fifth Circuit. The votes of sixteen members are listed. Yet Judge Oldham's vote is not indicated in the poll. I can't recall this ever happening before.</p> <p>Fourth, the * footnote is something I have also never seen before. Judge Oldham explains that his en banc vote is not recorded because the panel retained control over the case in light of the petition for panel rehearing. Therefore, he apparently did not participate in the vote at all. I think Judge Oldham's position is incorrect. The Internal Operating Procedure rule states that the panel may grant rehearing in the absence of an en banc poll. But the rule does not state that a poll may not be called while a petition for panel rehearing is pending. An en banc poll can be called even if the petition for panel rehearing remains unresolved.</p> <p>Indeed, Oldham's position would yield some difficult outcomes. Could it really be the case that so long as a petition for rehearing is pending, the en banc court is powerless to take any action? The en banc court does not need the panel's permission to call a poll. Of course, here the en banc vote failed, but that outcome is besides the point. Had the en banc poll succeeded, the panel opinion would have been vacated, the petition for panel rehearing would have become moot, and the case would have been reheard en banc. The original panel cannot hold a case hostage to keep it away from the full court.</p> <p>I don't think my reading of the rule is idiosyncratic. The fact that the other sixteen active judges on the court voted, even as a petition for panel rehearing was pending, suggests that Judge Oldham stood alone.</p> <p>The usual practice in the Fifth Circuit is to file <em>both</em> a petition for panel rehearing and a petition for rehearing en banc. It wouldn't be hard to research how often en banc polls were called when a petition for panel rehearing was pending. I suspect that scenario happens often. Granted, Judge Oldham does not believe in horizontal stare decisis and the <a href="https://reason.com/volokh/2025/10/22/judge-oldham-wants-to-restore-a-judiciary-without-horizontal-stare-decisis/">rule of orderliness</a>, so perhaps past practice is not the actual law.</p> <p>What makes Judge Oldham's action here even odder was that his vote flipped on the personal jurisdiction issue. There is no mystery of what his views on the case were. Why not simply record his vote? Indeed, if he thought en banc rehearing was improper, he should have voted against rehearing. Or, Judge Oldham may have thought the entire vote itself was illegitimate, and he was boycotting the process altogether. In <em>Ethridge</em>, Judge Oldham was the only one. (Pardon my <a href="https://www.youtube.com/watch?v=xB-QQAM1GDM">90s rock reference</a>.)</p> <h2>Holberg v. Guerrero</h2> <p>Fast-forward to last week. On August 14, the en banc Fifth Circuit issued an order in <a href="https://www.ca5.uscourts.gov/opinions/pub/21/21-70010-CV2.pdf"><em>Holberg v. Guerrero</em></a>. While the Fifth Circuit has seventeen active members, Senior Judge Higginbotham participated in the case, so there were eighteen members of the en banc court.</p> <p>The order begins with, again, something I have never seen before.</p> <p><span id="more-8398120"></span></p> <p><img decoding="async" class="size-large wp-image-8398136 aligncenter" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/2026-08-19-CA5-1024x538.jpg" alt="" width="1024" height="538" srcset="https://reason.com/wp-content/uploads/2026/08/2026-08-19-CA5-1024x538.jpg 1024w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-CA5-300x158.jpg 300w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-CA5-768x404.jpg 768w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-CA5-1200x630.jpg 1200w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-CA5.jpg 1282w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>What is going on here?</p> <p>First, the usual practice on the Supreme Court is to not indicate the votes when there is 4-4 split. For example, I'm <a href="https://reason.com/volokh/2025/05/22/as-i-expected-scotus-4-4s-st-isidores-case-with-barrett-recused/">pretty sure</a> I know how the Supreme Court split in the Oklahoma Charter school case, but I can't be certain. In at least one Fifth Circuit case, <a href="https://www.ca5.uscourts.gov/opinions/pub/22/22-50158-CV1.pdf">B.W. v. City of Austin</a>, the en banc Fifth Circuit indicated how the evenly-divided court split. Nine members of the eighteen member court signed a statement stating that the decision of the district court is affirmed. You can work backwards and count which nine members would not have affirmed the lower court's decision.</p> <p><img decoding="async" class="alignright size-large wp-image-8398156" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/2026-08-19-BW-1024x538.jpg" alt="" width="1024" height="538" srcset="https://reason.com/wp-content/uploads/2026/08/2026-08-19-BW-1024x538.jpg 1024w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-BW-300x158.jpg 300w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-BW-768x404.jpg 768w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-BW-1200x630.jpg 1200w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-BW.jpg 1282w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>&nbsp;</p> <p>&nbsp;</p> <p>&nbsp;</p> <p>&nbsp;</p> <p>&nbsp;</p> <p>The key word here is "joined." That is, they joined that statement about affirming the court. By contrast, the star footnote in <em>Holberg</em> lists ten names, but doesn't indicate what they did. The word "joined" is missing. The footnote tells us absolutely nothing about what happened. These names are just listed as connected with the per curiam opinion. Does this footnote  mean that ten members of the court agreed that the en banc court (with eighteen members) was equally divided? Does the absence of other names that mean that the other eight members of the court thought the court was not equally divided? Can the Fifth Circuit not even agree when they are divided? Do some judges think a majority opinion in fact exists?</p> <p>Third, in <em>B.W.</em>, the nine names that were listed were all judges who voted to affirm. That grouping makes sense. But in <em>Holberg</em>, the ten names who are listed voted differently. Of the ten judges listed in the footnote, five judges (Willett, Ho, Duncan, Engelhardt, and Wilson) joined Judge Oldham's separate opinion that would have affirmed the district court. The other five judges in the footnote (Elrod, Higginbotham, Richman, Southwick, and Graves) would have reversed the lower court. So even the ten judges who are linked to the per curiam opinion didn't even vote in the same fashion on the merits. The listing of their names tell us what exactly?</p> <p>Fourth, the nomenclature in past evenly-divided cases is that "the decision of the district court is AFFIRMED." I found the same notation in several other cases, including <a href="https://law.justia.com/cases/federal/appellate-courts/ca5/07-30443/07-30443-cv1.wpd-2011-02-25.html"><em>Thompson v. Connick </em></a>(2009), which would ultimately be reversed by the Supreme Court. But in <em>Holberg</em>, only the "judgment" was affirmed. There is a difference between affirming a "decision" and affirming a "judgment." The former option provides support for the lower court's reasoning. The latter option merely assigns a judgment for the Plaintiff or Defendant. As I'll explain below, something strange was going on with respect to what the en banc court actually did with respect to the lower court decision.</p> <p>Fifth, Judge Oldham's opinion is not styled as a concurrence. It is simply exists:</p> <blockquote><p>Andrew S. Oldham, Circuit Judge, joined by Judges Jones, Smith, Ho, Duncan, Engelhardt, and Wilson, and Judge Willett in all but Parts II.A.1 and III.B:</p></blockquote> <p><img decoding="async" class="alignright size-large wp-image-8398187" src="https://d2eehagpk5cl65.cloudfront.net/img/q60/uploads/2026/08/2026-08-19-oldham-1024x240.jpg" alt="" width="1024" height="240" srcset="https://reason.com/wp-content/uploads/2026/08/2026-08-19-oldham-1024x240.jpg 1024w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-oldham-300x70.jpg 300w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-oldham-768x180.jpg 768w, https://reason.com/wp-content/uploads/2026/08/2026-08-19-oldham.jpg 1282w" sizes="(max-width: 1024px) 100vw, 1024px" /></p> <p>&nbsp;</p> <p>&nbsp;</p> <p>Usually when there is an affirmance by an equally divided court, the separate writings are styled as concurrences (those who vote to affirm) and dissents (those who vote to reverse). But what is Judge Oldham's opinion? It's a mystery.</p> <p>This opinion reminds me of <a href="https://reason.com/volokh/2025/03/04/there-is-some-drama-brewing-in-san-francisco-v-epa/">Justice Barrett's move</a> in <em>San Francisco v. EPA</em> to style her opinion as "dissenting in part" when in fact she wrote a straight dissent. I speculated that Barrett was trying to create the perception that she agreed with the conservatives on some items, as a means of signaling she was not really voting with the liberals. Judges sometimes try to play fast-and-loose with the styling of opinions. Optics matter. But Barrett didn't fool anyone.</p> <p>Sixth, Judge Oldham's opinion sounds an awful lot like a majority opinion. It includes this sentence:</p> <blockquote><p>Today we affirm the district court and hold that AEDPA bars Holberg's claims.</p></blockquote> <p>And the order concludes:</p> <blockquote><p>We hold Holberg cannot meet that standard.</p> <p>AFFIRMED.</p></blockquote> <p>Who is the "we"? His opinion is not joined by a majority of the en banc court. The lower court's judgment was affirmed by an equally divided court by operation of law, not based on Oldham's AEDPA analysis. No new precedent is set. And the last line of the 46-page opinion states "AFFIRMED" in all caps. But Oldham's opinion can do no such thing. That is not the judgment of the court. The judgment (not the decision) of the lower court is affirmed by virtue of the tie vote.</p> <p>This sort of language may have been an artifact from a time when Oldham had the majority opinion. Often on the Supreme Court, when a Justice loses a majority, the opinion still retains clues of prior vote alignments. Judge Oldham could have left these artifacts in place. Or perhaps, as I suggested above, Judge Oldham disagrees that the court is evenly divided, and thinks in fact he has a majority, or at least a plurality? It's almost like a Schrodinger's Cat--the opinion is simultaneously a majority and not a majority opinion.</p> <p>Seventh, why is Judge Oldham's opinion the lead opinion? As a general matter, concurrences are listed by seniority. Judge Oldham's opinion appears first in the document. Immediately after that opinion comes a concurrence from Judge Southwick. Judge Southwick has more seniority than Judge Oldham. Why would Judge Oldham's opinion come before Judge Southwick's concurrence? It doesn't matter that Oldham's opinions has more votes. Again, it is possible that Judge Oldham views his opinion as a majority opinion or a plurality.</p> <p>It seems that the Oldham opinion purports to be a controlling opinion (it states AFFIRMED), and does not acknowledge that the court was evenly-divided. Indeed, the Oldham opinion reminds me of a SCOTUS opinion where a Justice started out in the majority and later lost the majority, but decided not to reformat the opinion. These artifacts were not taken out of the opinion. These strange dynamics led to the bizarre * footnote.</p> <p>Courts are generally predictable bodies. Things make sense and follow patterns. When opinions don't make sense and do something new, there is evidence that stranger things happened.</p><p>The post <a href="https://reason.com/volokh/2026/08/20/another-unusual-footnote-in-an-en-banc-fifth-circuit-opinion/">Another Unusual Footnote In An En Banc Fifth Circuit Opinion</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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						</entry>
		<entry>
					<author>
			<name>Matthew Petti</name>
							<uri>https://reason.com/people/matthew-petti/</uri>
					</author>
					<title type="html"><![CDATA[
				Border Cops Detained Me for Hours Without Explanation. They Won't Tell Me Why.			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/2026/08/20/border-cops-detained-me-for-hours-without-explanation-they-wont-tell-me-why/" />
		<id>https://reason.com/?p=8398243</id>
		<updated>2026-08-21T15:26:28Z</updated>
		<published>2026-08-20T19:03:12Z</published>
			<category scheme="https://reason.com/latest/" term="Privacy" /><category scheme="https://reason.com/latest/" term="Travel" /><category scheme="https://reason.com/latest/" term="Borders" /><category scheme="https://reason.com/latest/" term="Department of Homeland Security" /><category scheme="https://reason.com/latest/" term="First Amendment" /><category scheme="https://reason.com/latest/" term="FOIA" /><category scheme="https://reason.com/latest/" term="Fourth Amendment" /><category scheme="https://reason.com/latest/" term="Watchlists" />		<summary type="html"><![CDATA[CBP claims dictatorial powers over Americans coming home. A big part of that is hiding information.]]></summary>
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		<p><span style="font-weight: 400;">Around the fourth hour of my detention at the airport, I decided to ask for a lawyer. The Customs and Border Protection (CBP) agent at the front desk refused. I told him that he can't indefinitely hold an American citizen. "It's not indefinite," he replied. "We'll let you know."</span></p>
<p><span style="font-weight: 400;">That little exchange captures the absolute power that CBP claims over travelers, including Americans, going far beyond any domestic law enforcement interrogation. You don't have a right to contact a lawyer. Neither do you have a right to know why you're being detained or what will happen next. It's not "indefinite" detention; they just won't tell you what the "definite" part is. Crossing the U.S. border is the closest most Americans will come to experiencing life under the foreign dictatorships I report on.</span></p>
<p><span style="font-weight: 400;">I am not the only American journalist or researcher to be held up at the border. Nor was my experience particularly bad. I got out in four hours with all of my possessions intact. But I decided to do something that most others don't: I reached out to CBP and asked why they did what they did to me. And I asked them about an earlier interrogation, during the Biden administration, which in hindsight seemed inappropriate.</span></p>
<p><span style="font-weight: 400;">At first, CBP's media office was quite helpful. The first spokesperson I spoke to promised to pull up the notes from my two interrogations, and pointed me to the </span><a href="https://www.dhs.gov/dhs-trip"><span style="font-weight: 400;">hotline</span></a><span style="font-weight: 400;"> for travelers who have had excessive "difficulties during travel screening." As days turned to a week and I was passed between different CBP staff, it became clear that I wasn't getting a straight answer. One spokesperson apologized for being "distracted" with more urgent stories. Another was on leave for several days. Et cetera.</span></p>
<p><span style="font-weight: 400;">It was clear that CBP </span><i><span style="font-weight: 400;">had</span></i><span style="font-weight: 400;"> the information. One of the spokespeople actually corrected me on the date of my first interrogation—May 16, 2023—so they clearly had looked over my file. But I wasn't getting anything other than generic, anonymous answers: "CBP officers have the authority to ask a wide range of questions, including about travel locations and contacts there. Officers may also ask questions out of curiosity about travel location or your work in media."</span></p>
<p>The first time I wound up in an interrogation room was in May 2023, flying into John F. Kennedy International Airport in New York from a Fulbright study abroad in Jordan. As I <a href="https://www.pettimatthew.com/p/hello-to-my-newest-readers">wrote</a> at the time, the process was quick and professional. But in hindsight, parts of it were disturbing. The agents wanted to know if I "have any family in any of those countries" that I was traveling in. When I mentioned that my Fulbright project involved helping Jordanian journalists with translation, they asked, "What kind of media?"</p>
<p>One of the beautiful things about America is that neither my journalism nor my ethnic background are the government's business, except, apparently, at the border.</p>
<p>I reentered the country without incident every time after that, until last week. After spending the beginning of this year abroad—studying, getting married to a foreigner, setting up our new home, and hanging out with my in-laws—my wife and I wanted to visit my family in New Jersey. Worried that my wife would become one of the many <a href="https://www.cbsnews.com/news/us-immigration-detaining-european-tourists-borders/">tourists on valid visas</a> turned away, we contacted a lawyer and wrote down his number before traveling.</p>
<p>To our surprise, I was the one who had trouble getting into my own country. After stamping my wife's passport around 6:30 a.m., the CBP agent at passport control told <i>me</i> that I had to go "somewhere else." That meant secondary inspection. I was handed my passport in a locked plastic box with a bright orange lid and pointed toward a seemingly endless corridor. I told my wife to contact the lawyer if it took "too long."</p>
<p>The waiting room at the end of the corridor was a strange mix of professional courtesy and casual cruelty. I saw agents ask a young man what kind of food they should bring him and reassure an old man that everything will be sorted out. I also saw agents snap at someone who wanted to use the bathroom. "Did you think you could just do that without asking?" an agent shouted as the man walked toward the bathroom door.</p>
<p>An older Jordanian woman was there with her American husband. She had gotten an email informing her of a U.S. Citizenship and Immigration Services appointment, so she boarded the next plane from Amman to Washington that she could find. But at the secondary screening desk, a CBP agent told her that she wouldn't be walking to that appointment as a free woman. He was taking away the woman's green card for being outside America for too long. She could either sign away the green card on the spot, or be detained and taken to a judge.</p>
<p>As the woman broke down in tears and her husband frantically tried to contact a lawyer, the agent went back to laughing with his colleagues about football.</p>
<p>Wary of the stories I've covered about CBP <a href="https://reason.com/2026/08/19/border-agents-searched-his-phone-5-times-without-a-warrant-hes-asking-the-supreme-court-to-put-a-stop-to-it/">searching electronics</a>, I didn't bring a working cellphone with me. Around 10:10 a.m., I walked up to the intake desk for the waiting room and asked to use their landline phone. "Our landline?" the agent replied, confused that I would even ask. I said that I wanted to contact a lawyer. He flat-out refused.</p>
<p>"Since the international arrivals inspection is an administrative function, CBP policy and federal regs do not permit the presence of lawyers during secondary examinations," CBP spokesman Stephen Sapp tells me. In other words, when I'm under an administrative rather than a <i>criminal</i> investigation, I have <i>fewer</i> rights than someone accused of a crime.</p>
<p>Sitting back down in the waiting room, I saw another American waiting with his foreign wife, and asked to use <i>his</i> phone to text my lawyer. My lawyer told me to hang tight, because as an American, they <i>have</i> to let me in eventually. (Unfortunately, there is <a href="https://lawofficeimmigration.com/blog/cbp-secondary-inspection-airport-rights-2026.html">no legal limit</a> to how long "eventually" can be.) He was also busy reassuring my wife, who was sitting in baggage claims asking herself, <i>Where can they possibly deport my husband? New Jersey?</i></p>
<p>Finally, at around 10:30 a.m., an agent at a secondary screening desk called my name. He asked me a few basic questions about my itinerary for the past year. Although it would have been my right to refuse even those questions—all I have to demonstrate to CBP is that I'm an American citizen—I saw no harm in telling him information that the government already has. The agent was quite polite, apologetic about the wait, and offered to help me find my wife in the arrivals hall after clearing me for entry. He also offered no answers about why I was being held up in the first place.</p>
<p>"They let my wife through but took me. I don't know why," I told the agent in response to his question about who I traveled with. "I don't know why either," he responded, facepalming.</p>
<p>When I later texted the same information to a source who used to work in immigration, he responded, "????" He speculates that I'm either "on a list but a vague one," or my itinerary triggered some kind of automatic alert. As <i>Reason</i> has <a href="https://reason.com/2026/05/20/the-modern-passport-has-eliminated-fraud-forgery-and-heroes-who-can-bend-the-rules-to-save-lives/">covered</a>, automated border control systems often take away the personal discretion that officials have, and even deprive <i>them</i> of knowing the reasons behind decisions the computer is making. And the government is moving toward <a href="https://reason.com/2026/07/28/minority-report-fbi-seeks-ai-for-political-watch-list/">AI-generated watch lists</a>.</p>
<p><span style="font-weight: 400;">In theory, CBP has no right to stop Americans from coming home. There is no condition for a U.S. citizen to enter the U.S. other than proving their citizenship. CBP does have authority to search anyone, citizens or otherwise, for contraband </span><i><span style="font-weight: 400;">goods</span></i><span style="font-weight: 400;"> at the border. (Controversially, the agency </span><a href="https://reason.com/2025/04/04/what-to-do-if-border-police-ask-to-search-your-phone/"><span style="font-weight: 400;">claims</span></a><span style="font-weight: 400;"> that right extends to electronic data.) So-called "secondary screening" is often an opportunity to squeeze information out of Americans, especially because exhausted travelers might not know or assert their rights.</span></p>
<p><span style="font-weight: 400;">Last year, CBP detained lawyer Amir Makled and </span><a href="https://reason.com/2025/04/08/border-cops-try-to-make-an-end-run-around-attorney-client-privilege/"><span style="font-weight: 400;">demanded</span></a><span style="font-weight: 400;"> to search his phone, which he was partially successful at refusing. A few months later, immigration attorney Andrew Lattarulo </span><a href="https://www.nbcboston.com/news/politics/immigration-attorney-sues-trump-administration-after-phone-seized-at-logan-airport/3830846/"><span style="font-weight: 400;">sued</span></a><span style="font-weight: 400;"> CBP for seizing his phone, claiming that it was retaliation for criticizing the Trump administration. A judge </span><a href="https://www.law360.com/articles/2401292/feds-warned-again-not-to-search-immigration-atty-s-phone"><span style="font-weight: 400;">ruled</span></a><span style="font-weight: 400;"> that the feds can't look at the data on it. Last year, CBP </span><a href="https://www.edweek.org/leadership/a-superintendent-was-held-5-hours-by-border-agents-what-was-his-top-concern/2025/07"><span style="font-weight: 400;">demanded</span></a><span style="font-weight: 400;"> that Vermont school superintendent Wilmer Chavarria give up the passwords to his work phone and work laptop, claiming that it would "stain" his record to refuse, according to Chavarria.</span></p>
<p><span style="font-weight: 400;">The Department of Homeland Security (DHS) acknowledges maintaining a variety of databases and watch lists on travelers, including the </span><a href="https://www.dhs.gov/publication/automated-targeting-system-ats-update"><span style="font-weight: 400;">Automated Targeting System</span></a><span style="font-weight: 400;"> and the </span><a href="https://www.gao.gov/assets/670/665882.txt"><span style="font-weight: 400;">Secure Flight</span></a><span style="font-weight: 400;"> lists. And then there are the lists that the government doesn't even acknowledge exist. During the first Trump administration, CBP compiled a </span><a href="https://www.nbcnews.com/politics/immigration/u-s-officials-made-list-reporters-lawyers-activists-question-border-n980301"><span style="font-weight: 400;">secret list</span></a><span style="font-weight: 400;"> of journalists and lawyers to question at the border. Earlier this year, an immigration lawyer </span><a href="https://www.sfchronicle.com/us-world/article/immigration-attorney-detained-sfo-dhs-watchlist-22315192.php"><span style="font-weight: 400;">accidentally discovered</span></a><span style="font-weight: 400;"> a document titled "watch list" on a DHS website, which appears to be a list of immigration lawyers.</span></p>
<p><span style="font-weight: 400;">Of course, travelers don't have any way of knowing they're on </span><i><span style="font-weight: 400;">any</span></i><span style="font-weight: 400;"> of these lists until they run into problems. That's part of the arbitrary power CBP and other Homeland Security agencies exercise: You, the humble citizen, have no way to predict or prepare for how you'll be treated.</span></p>
<p><span style="font-weight: 400;">For all the dictatorial powers that CBP and its Skynet-like systems have at the border, America is still a democracy domestically. I let CBP's press office know that I was going to exercise my First Amendment rights to write about my two experiences in secondary screening, and the spokesman seemed quite eager to get me information, a tone I previously hadn't experienced from CBP spokespeople.</span></p>
<p><span style="font-weight: 400;">The same source who explained my potential watch-listing told me that "no DHS person wants to be noticed&hellip;especially if they have pulled in the 'wrong' kind of person." Unlike many of the other </span><a href="https://www.theguardian.com/us-news/2026/aug/01/border-patrol-reporter-laura-loomer"><span style="font-weight: 400;">reporters</span></a><span style="font-weight: 400;"> and </span><a href="https://www.insidehighered.com/news/global/us-colleges-world/2026/08/05/detentions-international-scholars-airports-raise-alarm"><span style="font-weight: 400;">academics</span></a><span style="font-weight: 400;"> detained at the border, I've written a lot for publications on the </span><a href="https://thecritic.co.uk/author/matthew-petti/"><span style="font-weight: 400;">political right</span></a><span style="font-weight: 400;">, including </span><a href="https://www.theamericanconservative.com/author/matthew-petti/"><span style="font-weight: 400;">ones that are close</span></a><span style="font-weight: 400;"> to the Trump administration's base.</span></p>
<p><span style="font-weight: 400;">But Americans shouldn't have to be a specific kind of journalist to get answers about why the government is hassling them. (Frankly, neither should foreign guests who are following the rules.) Going home after a long trip is not a crime. And however much CBP insists that secondary inspection is an "administrative function," not a criminal investigation, that's a distinction without a difference for someone who's being asked intrusive questions and can't leave.</span></p>
<p><span style="font-weight: 400;">Fortunately, there's a route that's open to everyone. I have filed a </span><a href="https://www.cbp.gov/site-policy-notices/foia"><span style="font-weight: 400;">Freedom of Information Act (FOIA)</span></a><span style="font-weight: 400;"> request for </span><i><span style="font-weight: 400;">all</span></i><span style="font-weight: 400;"> the data that CBP has on me, from agents' field notes to any automated system hits. However long it takes for CBP to respond, and however heavily they redact the documents, I'm legally entitled to a response. And so are you.</span></p>
<p>The post <a href="https://reason.com/2026/08/20/border-cops-detained-me-for-hours-without-explanation-they-wont-tell-me-why/">Border Cops Detained Me for Hours Without Explanation. They Won&#039;t Tell Me Why.</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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							<media:credit><![CDATA[Matthew Petti]]></media:credit>
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	</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				Suit Alleging Medical Establishment's Desire to Compel Doctors "to Toe the Line in All Matters Related to COVID &#8230;" Can Go Forward			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/20/suit-alleging-medical-establishments-desire-to-compel-doctors-to-toe-the-line-in-all-matters-related-to-covid-can-go-forward/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398275</id>
		<updated>2026-08-20T18:55:38Z</updated>
		<published>2026-08-20T18:55:38Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="COVID-19" />		<summary type="html"><![CDATA["Nor is it evident that the approach taken by Defendants insulated the process from undue 'political influence.' To the contrary, political influence would appear to have been the point."]]></summary>
					<content type="html" xml:base="https://reason.com/volokh/2026/08/20/suit-alleging-medical-establishments-desire-to-compel-doctors-to-toe-the-line-in-all-matters-related-to-covid-can-go-forward/">
			<![CDATA[<p>From Chief Judge Lance Walker (D. Me.) today in <em><a href="https://storage.courtlistener.com/recap/gov.uscourts.med.64309/gov.uscourts.med.64309.45.0.pdf">Nass v. Maine Bd. of Licensure in Medicine</a></em>:</p>
<blockquote><p>As alleged [in the Complaint], this case arises out of the COVID-19 pandemic and the desire of the medical establishment, in this instance the Maine Board of Licensure in Medicine, to compel medical practitioners to toe the line in all matters related to COVID medical treatments as well as messaging concerning vaccination efficacy and treatment alternatives.</p>
<p>Plaintiff Meryl Nass, M.D., has been a Maine-licensed doctor since 1997 with no disciplinary infractions prior to the events narrated below. Dr. Nass has testified to Congress on six occasions and, as an acknowledged expert on anthrax and the anthrax vaccine, has been quoted in major media outlets like the New York Times, the Washington Post, the L.A. Times, and the Chicago Tribune.</p>
<p>Dr. Nass's speech frequently involved topics like the governmental handling of the pandemic, the efficacy of masking and mask mandates, the suppression of effective medications to treat COVID-19 (such as ivermectin and hydroxychloroquine), the safety and risks of the COVID-19 vaccines, and other matters related to the pandemic. She discussed these topics on the radio, in interviews, on her blog, and elsewhere on the Internet. Dr. Nass's expressed viewpoints were critical of the government, its handling of the pandemic, and the vaccines&hellip;.</p>
<p>The Defendants &hellip; all served as members of the Maine Board of Licensure in Medicine during the relevant timeframe. Dr. Gleaton served as the Chair of the Board. In the fall of 2021, Dr. Gleaton issued a position statement on behalf of the Board warning of disciplinary action for licensees "who generate and spread COVID-19 vaccine misinformation or disinformation" "or practice based on such misinformation."</p>
<p>Dr. Nass's viewpoints conflict with those asserted in the Board's position statement and the resources the position statement identified as useful in "support[ing] the fight against Covid-19 misinformation[.]" On or about October 6, 2021, the Board received a complaint that Dr. Nass was spreading misinformation in a video and on her website. The complainant qualified, "I am not her patient. I have never been treated by Meryl Nass, nor has anyone I am associated or acquainted with."</p></blockquote>
<p><span id="more-8398275"></span></p>
<blockquote><p>The next day, the Board issued a notice of complaint to Dr. Nass via email and demanded her response by November 6, 2021. On October 10, 2021, Dr. Nass questioned the Board's authority to investigate a complaint that has nothing to do with the practice of medicine and focused entirely on a statement made in her private life. The Board responded on October 14, 2021:</p>
<p>The basis of the Board's jurisdiction is that there is alleged unprofessional conduct, particularly where you have communicated in your capacity as a physician in the interview and on the website that could allow patient and the public to view the information you provide as misleading and/or inaccurate.</p>
<p>Dr. Nass timely responded with a Nebraska Attorney General Opinion Statement that physicians cannot be disciplined for prescribing ivermectin or hydroxychloroquine off-label for treatment of COVID-19&hellip;.</p>
<p>On November 4, 2021, Dr. Nass appeared before the Maine Board of Pharmacy and advocated for reconsideration of Maine Board of Pharmacy Statement #CI-2021 on dispensing ivermectin. Statement #01-2021 indicated that ivermectin is not FDA-approved for treatment of COVID-19, that use of ivermectin creates a rise in poison control calls, and that pharmacists should take appropriate steps to verify that ivermectin prescriptions are issued for "legitimate medical purposes." As alleged, the rise in poison control calls was actually a misleading media narrative spread by the FDA to frighten people so that they would not use a very safe anti-viral medication. Dr. Nass disputed what she believed to be a false narrative. On December 14, 2021, Dr. Nass and other physicians appeared before a group of Maine Legislators via Zoom in a meeting organized by a legislator to discuss COVID-19.</p>
<p>On January 11, 2022, the Board met in executive session to discuss Dr. Nass. Dr. Fay-Leblanc presented the case against Dr. Nass, observing that the complaints under consideration "really focus around unprofessional conduct due to the spreading of misinformation about COVID-19 – primarily on social media."  Several of Dr. Nass's public remarks were in fact itemized in the Board's January 24, 2022, First Notice of Hearing directed to Dr. Nass. Member Dr. Waddell expressed being bothered by Dr. Nass's "harmful opinions."</p>
<p>Based on these concerns (and others) the Board promptly ordered (among other things[, including] {immediately suspend[ing] Dr. Nass's license to practice medicine}) that Dr. Nass submit to a psychological evaluation under 32 M.R.S. § 3286 (hereafter, the "Psychological Evaluation Order"). That statute authorizes the Board [in relevant part] to require a licensee to submit to a mental or physical examination when there is a complaint or allegation that a licensee "may be unable to practice medicine with reasonable skill and safety to patients <em>by reason of mental illness, &hellip; or as a result of a mental &hellip; condition interfering with the competent practice of medicine</em>." &hellip; The record &hellip; suggest[s] that, if anything, the Board considered Dr. Nass's opinions to be the product of not independent thought but a mental illness or mental condition. Alternatively, the imposition of this sanction would suggest that the Board was making an example out of Dr. Nass.</p>
<p>The Board's order chronicled Dr. Nass's public statements (among other issues) as a cause for the Psychological Evaluation Order and immediate suspension. Further inquiries from the Board further suggest its preoccupation with Dr. Nass's public statements. The Board itemized in its charging document several charges based on Dr. Nass's speech activity and later dismissed those charges in response to a motion to dismiss them on constitutional grounds.</p>
<p>The remaining grounds concerned the care Dr. Nass provided to three patients, including one charge that she misrepresented facts to a pharmacist so that the patient could fill a prescription for hydroxychloroquine. These claims asserted noncompliance with the standard of care for telemedicine, but also implicitly included Dr. Nass's prescription of ivermectin and hydroxychloroquine to patients with COVID.  None of the patients complained about the care provided to them by Dr. Nass. Rather, others with connections to the patients made complaints to the Board.</p>
<p>The matter proceeded to an adversarial Board hearing on the patient-centered complaints and concluded with an order finding that Dr. Nass failed to meet the standard of care in relation to patient care. Dr. Nass petitioned for state court review under Rule 80C of the Maine Rules of Civil Procedure. In an order dated October 30, 2025, the Superior Court granted Dr. Nass relief on her challenge to the Board's Psychological Evaluation Order and vacated the Order, finding that the Order was arbitrary and capricious.</p>
<p>The Superior Court otherwise upheld the Board's findings and sanctions, concluding, among other things, that the Board's findings of breaches of the standard for patient care and the sanctions imposed were not the product of retaliatory animus or otherwise the product of unconstitutional bias. The Superior Court determined that, ultimately, even if the Board's members "harbored personal opinions as to the substance of Dr. Nass's speech," in the context of their eventual hearing and determination, "they did not allow those opinions" to determine the outcome and instead based their determination on reliable evidence (expert testimony) that Dr. Nass's practice had fallen below the professional standard of conduct. Neither party appealed the Superior Court's Rule 80C Order and Decision.</p></blockquote>
<p>The court concluded that defendants were protected in their personal capacities against liability, because of their absolute quasi-judicial immunity, "with respect to the conduct of the hearing and the resulting determination." But the court allowed the claims based on the Psychological Evaluation Order to go forward:</p>
<blockquote><p>I &hellip; agree with Dr. Nass that the immediate imposition of the Psychological Evaluation Order did not bear any of the hallmarks of judicial proceedings. In judicial proceedings, at a minimum probable cause findings ordinarily are required to justify pretrial impositions. In this case, as alleged, the Board dispensed with preliminary proceedings altogether.</p>
<p>Accepting for present purposes that Defendants acted in the absence of any showing that a psychological evaluation was warranted, they were effectively acting as hybrid complainant-adjudicators misapplying their power to make <em>ex parte </em>adjudications based on a predetermined perspective that Dr. Nass must be of unfit mind to speak out as she did, largely on the basis that her views were discordant with their own orthodoxy. This assessment is reinforced by their failure to afford any process whatsoever, as alleged, which approach was alarmingly out of step with anything like the judicial process. Under these alleged circumstances, the proceedings as of January 2022 lacked any safeguards to protect against agency zeal and resembled investigatory action imposed, somewhat ironically, in the absence of evidence rather than the initiation of an impartial, sober, thoughtful judicial process designed to assess the truth of facts to arrive at the existence of probable cause to justify such a sanction.</p>
<p>In acting as they allegedly did, Defendants emphatically would not have been performing "<em>functions </em>essentially similar to those of judges or prosecutors, in a setting similar to that of a court." Nor is it fair to say that immunity from the potential imposition of liability for such conduct is "essential to protect the integrity" of quasi-judicial administrative proceedings. A medical licensing board has no need to conduct itself in this manner at all, the contrary is in fact probably indicated and it should always consider whether evidence of mental incompetence is extant&hellip;. The supposed "function" at issue (a Psychological Evaluation Order based on no evidence or process) does not need to be insulated from the "harassment" of litigation because it simply ought not occur, ever. Nor were any "safeguards" apparent. Nor is it evident that the approach taken by Defendants insulated the process from undue "political influence."</p>
<p>To the contrary, political influence would appear to have been the point. Rather than acting as insulation against political influence, Defendants were something like conductors for it. Nor was there any apparent application of "precedent." Nor was an adversary process employed.</p>
<p>That leaves only the "correctability of error on appeal." That did occur here, but only after the Board conducted a year-long hearing during which Dr. Nass was labeled an "immediate threat to the public." <em>See </em>National Practitioner Databank Report. That is an insufficient reed standing on its own to support the "exceptional" weight of absolute immunity. Consequently, for this component of Defendants' alleged conduct, qualified rather than absolute immunity sets the proper standard&hellip;.</p>
<p>Defendants' [qualified immunity] argument rests on a presumption that the Superior Court's findings are preclusive on all qualified immunity elements. Yet, they also state:</p>
<blockquote><p>[A]lthough the [Board]'s Order Directing Evaluation did not include facts to establish the statutory grounds to accord with Maine administrative law, <em>the</em> <em>Superior Court expressed no concerns</em> that the [Psychological Evaluation] Order might have been issued out of a desire to retaliate against Dr. Nass's views on the COVID vaccine or any other motivation barred by the United States Constitution.</p></blockquote>
<p>But because the Superior Court "expressed no concerns," it is difficult to understand why issue preclusion would apply. This lack of expressed concern is hardly the same thing as a decision on the issue, and an undecided issue cannot support issue preclusion. Moreover, the Superior Court vacated the Psychological Evaluation Order after concluding it was arbitrary and capricious, which, if anything, invites further examination into the actual cause of the order. Ultimately, the Superior Court's findings and conclusions do not compel recognition of qualified immunity.</p>
<p>Beyond leaning on the Superior Court's findings, Defendants do not argue that the facts and circumstances alleged do not raise a controversy over a clearly established right&hellip;.</p>
<p>{Defendants' papers carve out the Psychological Evaluation Order as the only theoretical component of Dr. Nass's case that might deserve different treatment than every other action taken by Defendants. Dr. Nass, too, draws lines, and she would include both the Psychological Evaluation Order and the Immediate Suspension Order if absolute immunity is applied to the hearing and the ultimate decision.</p>
<p>Because of the way the arguments have been presented, I am not persuaded that the immediate suspension order necessarily falls within the scope of quasi-judicial immunity. It would be worthwhile to consider the standard that applies to such an order and whether it depended entirely on the imposition of the Psychological Evaluation Order or was better informed from an evidentiary standpoint, pushing it into the realm of quasi-judicial conduct as opposed to political conduct.</p>
<p>Ultimately, I intend with this Order only to insulate Defendants from liability arising out of the hearing and the eventual determination. But Defendants are free to return to the question of where the line should be drawn in later, presumably summary judgment, proceedings.}</p></blockquote>
<p>Gene Libby, Michael Saucier, and Tyler Smith (Libby O'Brien Kingsley &amp; Champion, LLC) represent Nass.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/20/suit-alleging-medical-establishments-desire-to-compel-doctors-to-toe-the-line-in-all-matters-related-to-covid-can-go-forward/">Suit Alleging Medical Establishment&#039;s Desire to Compel Doctors &quot;to Toe the Line in All Matters Related to COVID &hellip;&quot; Can Go Forward</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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		</content>
						</entry>
		<entry>
					<author>
			<name>Eugene Volokh</name>
							<uri>https://reason.com/people/eugene-volokh/</uri>
					</author>
					<title type="html"><![CDATA[
				"Yes, I'm with &#8230; Hamas and Hezbollah and Islamic Jihad but up to a Point" Visiting Prof's Suit Against Columbia Dismissed			]]></title>
		<link rel="alternate" type="text/html" href="https://reason.com/volokh/2026/08/20/yes-im-with-hamas-and-hezbollah-and-islamic-jihad-but-up-to-a-point-visiting-profs-suit-against-columbia-dismissed/" />
		<id>https://reason.com/?post_type=volokh-post&#038;p=8398268</id>
		<updated>2026-08-20T18:22:54Z</updated>
		<published>2026-08-20T18:22:54Z</published>
			<category scheme="https://reason.com/latest/" term="Free Speech" /><category scheme="https://reason.com/latest/" term="Libel" /><category scheme="https://reason.com/latest/" term="Discrimination" />		<summary type="html"><![CDATA["Professor Abdou provides no authority which stands for the proposition that expressing disapproval of a foreign terrorist organization in a Congressional hearing amounts to discrimination or creates a hostile work environment ...."]]></summary>
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			<![CDATA[<p>Some excerpts from Judge Kathleen Waterman-Marshall's longish decision filed Monday in <a href="https://reason.com/wp-content/uploads/2026/08/AbdouvColumbia.pdf"><em>Abdou v. Columbia Univ.</em></a> (an appeal appears imminent):</p>
<blockquote><p>Plaintiff Mohamed Abdou &hellip; is a North African-Egyptian Muslim scholar in the field of Cultural Studies, who was employed as a visiting professor at Columbia for the Spring 2024 academic term; his employment term end date was May 31, 2024. On April 17, 2024, Dr. Shafik, the former Columbia President, testified before the U.S. House Committee on Education and the Workforce &hellip; During the House Committee hearing, members of Congress questioned university presidents, including Dr. Shafik, about pro-Palestinian activism on campuses&hellip;. According to the complaint:</p>
<p>During the hearing, [Rep. Elise] Stefanik referenced pro-Palestinian tweets posted by [Professor Abdou] on X, and asked [Dr.] Shafik whether [Professor Abdou] will face consequences for his First Amendment protected speech, which occurred wholly outside the University setting.</p>
<p>Specifically, [Dr.] Shafik stated, "he will never work at Columbia again," referring to [Professor Abdou], and further stated, "he has been terminated and not just terminated, but his files will show that he will never work at Columbia again.&hellip; [H]e is grading his students' papers and will never teach at Columbia again and that will be on his permanent record."</p>
<p>The complaint alleges that Dr. Shafik's statement "was in direct violation of Columbia's own process for faculty suspension and dismissal as listed in the University Statutes"; and that, following Dr. Shafik's testimony at the hearing, Professor Abdou has been subjected to "harassment, death threats, and racially motivated hate mail". The complaint also alleges that Shai Davidai &hellip;, a business professor at Columbia, doxed Professor Abdou, targeted him to receive threats by third persons, and otherwise harassed him:</p></blockquote>
<p><span id="more-8398268"></span></p>
<blockquote>
<blockquote><p>[Professor] Davidai, in targeting and doxxing [Professor Abdou], intends to encourage his social media followers to target [Professor Abdou] with threats of murder and violence against him, to obtain harassment against Columbia administrators, including [Dr.] Shafik, and pressure [Professor Abdou] and administrators to resign.</p>
<p>[Professor] Davidai weaponizes the false assertion that all criticism of Israel is antisemitic to target [Professor Abdou] and other pro-Palestine advocates, including Columbia students.</p></blockquote>
<p>The complaint further alleges that:</p>
<blockquote><p>[Professor] Davidai has posted on social media that "Professors like Dr. Abdou are extremists whose only role at @Columbia is to radicalize students", with the intention of inviting his followers to target, harass, and threaten [Professor Abdou], which they have done.</p>
<p>[Professor] Davidai accused [Professor Abdou] of "indoctrination" and of [Professor Abdou]'s department, the Middle East Institute at Columbia, of being "a real who's-who of the most rabid antisemites at @Columbia."</p>
<p>[Professor] Davidai referred to [Professor Abdou] on social media as "Dr. Mohamed 'praise to Hamas' Abdou," further attempting to garner and direct hate against [Professor Abdou] all because of [Professor Abdou]'s criticisms of Israel.</p></blockquote>
</blockquote>
<p>Here's the court's analysis of Abdou's defamation claim:</p>
<blockquote><p>The complaint references two specific complained of statements by Dr. Shafik regarding Professor Abdou: "he will never work at Columbia again" and "he has been terminated and not just terminated, but his files will show that he will never work at Columbia again.&hellip; he is grading his students' papers and will never teach at Columbia against and that will be on his permanent record." Professor Abdou contends that these statements falsely assert he is an antisemite.</p>
<p>However, the complaint does not contain an express statement by Dr. Shafik that Professor Abdou is an antisemite, or even words from which it could be inferred that Professor Abdou is an antisemite. The complaint sets forth only Dr. Shafik's statement that Professor Abdou has been terminated from his position at Columbia and that he will never work at the university again. Both of these statements are non-actionable true statements of fact. Consequently, because the statements are true, the complaint does not set forth any defamatory statements and dismissal of the defamation cause of action is warranted.</p>
<p>In an effort to avoid dismissal of the defamation claim, Professor Abdou's opposition papers supplement the complaint by citing Dr. Shafik's agreement with Congressperson Stefanik's apparent opinion that Professor Abdou's social media posts stating that he is "with Hamas and Hezbollah and Islamic Jihad" are repugnant. Specifically, Professor Abdou points to Dr. Shafik's statement that "I share with you, your repugnance at those remarks. I completely understand that. On my watch faculty who make remarks that cross the line, in terms of antisemitism, there will be consequences for that" as defamatory&hellip;.</p>
<p>[T]he supplement regarding Dr. Shafik's "repugnance" at Professor Abdou's social media posts amounts to, at best, an expression of Dr. Shafik's opinion, not an assertion of fact. Statements of opinions are "deemed privileged and, no matter how offensive, cannot be the subject of an action for defamation." Similarly, Dr. Shafik's statement that "[o]n my watch faculty who make remarks that cross the line, in terms of antisemitism, there will be consequences for that," viewed in the full context of the communication and surrounding circumstances "signals&hellip; that what is being read or heard is likely to be opinion, not fact."</p>
<p>Notably, this statement does not identify Professor Abdou as having "cross[ed] the line"; however, to the extent that the statement may be understood to implicitly refer to Professor Abdou, the statement would appear to the reasonable listener as an opinion, and not fact, much like the non-actionable statements of opinion in <em>Mann</em>, in which the plaintiff was described in a newspaper article published during a "heated local election" "as a 'political hatchet Mann' and 'one of the biggest powers behind the throne' in the Town of Rye government.</p>
<p>While the Court takes seriously claims that a party's career has been negatively impacted, Professor Abdou's complaint, even as supplemented, does not state a cause of action for defamation. The House Committee hearing transcript makes clear that Dr. Shafik's opinion statements were in response to Professor Abdou's specific social media posts highlighted by Congressperson Stefanik, the content of which Professor Abdou did not dispute&hellip;.</p></blockquote>
<p>The court also rejected Abdou's discrimination and harassment claims, because they hadn't sufficiently alleged action "based upon Professor Abdou's perceived race, creed, color, national origin, age, sex, gender, disability, marital status, partnership status, sexual orientation, uniformed service, height, weight, or immigration or citizenship status, as is necessary to maintain an action under the New York State and City Human Rights Law":</p>
<blockquote><p>Professor Abdou's complaint alleges that he suffered discrimination and harassment by Professor Davidai because of his criticism of Israel, that defendants had actual notice of the discrimination and harassment, and that defendants failed to take steps to control or remediate the situation causing a hostile work environment. On this motion, Professor Abdou alleges that he has sufficiently alleged discrimination based upon his national origin and ethnicity because he observed Dr. Shafik agree "with a racist, stereotypical evaluation of him" at the House Committee hearing, and defendants failed to take any protective measures regarding the alleged threats and hate mail that ensued, creating a hostile work environment&hellip;..</p>
<p>Professor Abdou's allegations of a hostile work environment and discrimination based upon Professor Davidai's conduct fail to plead the required discriminatory animus. The complaint alleges that Professors Abdou and Davidai have divergent views on issues surrounding Hamas, Israel, and Palestine, and that Professor Davidai publicly targeted Professor Abdou, inviting others to direct hostility towards Professor Abdou, based upon his views. However, the complaint does not allege that Professor Davidai's conduct was based upon based upon Professor Abdou's perceived race or religion and instead is solely based upon Professor Abdou's criticism of Israel; indeed, the complaint alleges Davidai targeted all critics of Israel, including Jewish critics&hellip;.</p>
<p>[Professor Abdou] contends that the Congressional transcript is "chock full of racist stereotypes" and that Dr. Shafik "leaned into and endorsed this racism." However, Professor Abdou does not identify any portions of the Congressional transcript attributable to Dr. Shafik; instead, he identifies statements made by various legislators. The transcript shows that Dr. Shafik expressed disapproval of Professor Abdou's statements in support of foreign terrorist organizations and stated that he would not work at Columbia again, but Dr. Shafik's testimony does not contain an endorsement of racism, as Professor Abdou contends:</p>
<blockquote><p>Rep. [Stefanik]: But I'm talking about the faculty members who are supporting terror, and it's not just that case. Let me bring your attention to Mohammad Abdou who was hired after the October 7th terrorist attack against Israel. He on October 11th, posted, "Yes. I'm with Hamas and Hezbollah and Islamic Jihad." He also decried false reports accusing Arabs and Muslims of decapitating the heads of children and being rapists.</p>
<p>We know that there were decapitations of babies, of innocent Israeli citizens, of seniors, of women, there were rapes, and yet Columbia hired this individual as a professor. How did that hiring process work? Were you aware of those statements before the hiring?</p>
<p>Dr. Shafik: I share with you, your repugnance at those remarks. I completely understand that. On my watch faculty who make remarks that cross the line, in terms of antisemitism, there will be consequences for that&hellip;.</p>
<p>Dr. Shafik: He will never work at Columbia again. Rep. [Stefanik]: So he has been terminated?</p>
<p>Dr. Shafik: He has been terminated. He has—not just terminated, but his files will show that he will never work at Columbia again.</p></blockquote>
<p>Professor Abdou provides no authority which stands for the proposition that expressing disapproval of a foreign terrorist organization in a Congressional hearing amounts to discrimination or creates a hostile work environment under the New York State and City Human Rights Law. The cases he relies on are readily distinguishable, involving sexually explicit emails and statements, physical inappropriate touching of an employee, mocking an Arabic greeting while eating bacon, and comments about Arabic and Islamic holidays when denying time off requests&hellip;.</p>
<p>The court also rejected Abdou's claim that the university had breached its contract by failing to provide him a non-renewal notice; here's part of the court's analysis on that:</p>
<p>It is undisputed that he was a visiting professor for a single academic term and Columbia's Faculty Handbook provides that professors appointed for a single term are not entitled to non-renewal notices:</p>
<p>Some full-time instructional officers are appointed for a single term. Faculty with these appointments are informed in their offer letters of the date on which their appointments will end. They, therefore, do not need additional notice according to the schedule described above&hellip;.</p></blockquote>
<p>The quote in the title to this post is drawn from what appears to be Abdou's post, as linked to in a Washington Free Beacon article, see <a href="https://www.facebook.com/MuhammadAbdou2020/posts/pfbid02gwmN5NYuzPu4HP1dQXB4bReesFYryD9u6P7yHBHRq8WSAANCfjQbKCouWW7kgJGgl">here</a> (this is quoted by the <a href="https://www.dailymail.com/news/article-13349149/Im-Hamas-Hezbollah-professor-publicly-backed-Islamic-jihad-repeatedly-Oct-7-invasion-Israel-hired-teach-Columbia-House-speaker-Mike-Johnson-calls-President-Shafik-resign.html">Daily Mail</a> [England] and the <a href="https://www.timesofisrael.com/columbia-hires-and-claims-to-fire-professor-who-voiced-support-for-hamas-post-oct-7/">Times of Israel</a>, and in part in <a href="https://www.congress.gov/118/meeting/house/116973/documents/HHRG-118-ED00-Transcript-20240417.pdf">Rep. Elise Stefanek's statement</a> and in the trial court record in this case).</p>
<p>Gabrielle Tenzer, Zachary Piaker, Matthew Craig, and Ian Robertson (Hecker Fink LLP) represent Columbia. Thanks to the <a href="https://medialaw.org/mlrc-medialawdaily/">Media Law Resource Center (MLRC) MediaLawDaily</a> for the pointer.</p>
<p>The post <a href="https://reason.com/volokh/2026/08/20/yes-im-with-hamas-and-hezbollah-and-islamic-jihad-but-up-to-a-point-visiting-profs-suit-against-columbia-dismissed/">&quot;Yes, I&#039;m with &hellip; Hamas and Hezbollah and Islamic Jihad but up to a Point&quot; Visiting Prof&#039;s Suit Against Columbia Dismissed</a> appeared first on <a href="https://reason.com">Reason.com</a>.</p>
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